하자보수청구
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. In the first instance court, the plaintiff sought payment of the agreed amount pursuant to the design fee return agreement and the damages in lieu of defect repairs, and the first instance court dismissed the claim of the agreed amount and rendered a judgment that partly accepted the claim of damages. Accordingly, since only the defendant appealed against the claim of damages, the scope of the judgment of this court is limited to the claim of damages cited as above.
2. Determination on the claim for damages in lieu of defect repairs
A. The reasoning for the court’s explanation on this part of the judgment of the court of first instance is as follows.
Except as otherwise determined in paragraph (1), the reasoning of the judgment of the first instance is the same as that of paragraphs (1) and (3). Therefore, it is cited by applying the main sentence of Article 420 of the Civil Procedure Act
B. 1) Additional determination as to the Defendant’s assertion 1) The construction of the outer gate, fence, string, lighting, landscaping, etc. in the instant contract is to be borne by the Plaintiff, the owner of the building, and is not a matter to be constructed by the Defendant. Thus, it cannot be deemed that the part of the “construction of outside railing on the 15th floor” in the attached Form No. 15 of the defect repair expense list is not a defect. 2) The term “construction of the 15th floor” means that a building generally completed is not equipped with any structural and functional defect different from the contents of the construction contract in the construction contract, or is not equipped with quality normally in light of the transaction concept. The issue of whether a defect is a defect must be determined by comprehensively taking into account all the circumstances, such as the content of the contract between the parties, whether the building was constructed as the design, and whether the building conforms to the standards stipulated in the construction-related statutes (see Supreme Court Decision 2008Da16851, Dec. 9, 2010).