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(영문) 서울고등법원 2018.06.01 2017나2073489

부당이득금 반환 청구 등

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1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. The reasoning for this case by the court of first instance is as stated in the reasoning of the judgment of the first instance except for partial revision as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

o The last 3th judgment of the first instance court is moving "L" to "IX".

o No. 10 of the first instance court judgment No. 10 and “no. 19” are added to the “no. 19” and “no. 19” to the “no. 19 of the defective items, if there are no clear instructions on the design drawings in the case of some of the defective items, and even if the defective items are actually constructed, there are no reasons to be treated differently when compared with the case where natural aging phenomenon occurs or the defect has been expanded due to

2. In conclusion, the lawsuits against Defendant E such as the Plaintiff, etc. in the preceding case are all dismissed, and the part of the designated party F’s lawsuit against Defendant E is dismissed as unlawful, and the claim against Defendant E by the designated party F, etc. for each of the claims against Defendant G, etc. in the preceding case, shall be accepted within the above recognized scope, and each of the remaining claims against Defendant D, such as the Plaintiff, etc. in the preceding case, and the designated party G, etc. in the preceding case shall be dismissed as without merit.

The decision of the first instance court is justified in its conclusion, and the plaintiffs' appeal is dismissed. It is so decided as per Disposition.