beta
(영문) 서울고등법원 2017.08.17 2017나2005813

손해배상(기)

Text

1. Defendant Korea Electric Technology Co., Ltd. exceeding the following money among the judgment of the first instance.

Reasons

1. The court's explanation on this part of the facts is identical to the defendants' corresponding part of Paragraph 1 of Article 420 of the Civil Procedure Act. Thus, the court's explanation on this part is acceptable in accordance with the main sentence of Article 420

In referring to co-defendants in the first instance trial, except where both “Defendant” and “stock company” are omitted, the remaining abbreviations set forth in paragraph (1) of the first instance judgment are also used below the same.

2. Determination as to Defendant Korea Electric Power Technology Claim

A. According to the facts found in the above determination as to the ground for the claim, the defendant Korean Electric Power Technology is liable to compensate the plaintiff for damages in lieu of the defects that occurred within the defect warranty period, in the construction sections, machinery and the entire civil works of the apartment of this case constructed with 4 sections, the construction of the apartment of this case constructed with 190s. Barring special circumstances, the damages amount is reasonable to be considered as KRW 989,623,921 (the damages amount is 587,921,608 + the damages amount 401,702,313) which are recognized as the defect warranty cost due to the error in the construction of the above part in the prior lawsuit of this case, barring special circumstances. Thus, the defendant Korean Electric Power Technology is liable to pay the plaintiff the above9,623,921 won, and the damages amount for delay due to the defect warranty in the construction of the defendant Korean Electric Power Technology to the defendant in this case.

However, the main purport of the above defendant's assertion is to mislead the plaintiff's design, and thus, the plaintiff's interests conflict with the plaintiff, and even if the above defendant participated in the prior lawsuit.