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(영문) 서울고등법원 2016.11.11 2016나2015271

보증금 등 청구의 소

Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "the warranty period of the first instance court's 4th 7th 7th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

2. The changed part

A. Although the appraiser determined that the section of the waterproof layer was not repaired or that the defect was found in around 2012 due to the loss of the additional waterproof layer, the appraiser did not clearly state whether the section of the waterproof layer that occurred on July 14, 2010 was not repaired or whether the additional waterproof layer was lost or not.

In addition, although the appraiser did not clearly specify the location where the defect occurred in the year 2012 (that is, there is no evidence presented clearly), the location where the defect repair work was performed by the defendant company in around 2010 was the middle part of the average and full water level around the top of the phone in this case, and the location where the defect occurred in around 2012 is different from the location where the repair work was performed.

B. Around June and July 2015, an appraiser conducted a field investigation on the instant golf course, and determined that the instant golf course caused water leakage defects due to the bennae mix loss, plant roots, and the benent benent benent of underground organisms due to the modification of human admission.

① However, there was an appraisal to the Defendant Company after the lapse of almost three years from the time the Plaintiff requested the performance of the repair of defects, and ② An appraiser may set the time of occurrence of the instant phone.