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(영문) 서울고등법원 2017.07.06 2016나2026165

구상금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance concerning the instant case is as follows, and thus, it is consistent with the reasoning of the judgment of the court of first instance, except for modification and addition as follows.

Of the text of the judgment of the first instance, “Defendant C” and “Defendants” are modified to “Defendants and the first instance co-Defendant A” to “AD, the receiver of the rehabilitation debtor A corporation, who is the receiver of the rehabilitation debtor A corporation.”

The 9th 2nd 9th 2nd 3th 1st 2nd 3th 1st 1st 2nd 2nd 3th 2nd 3rd 2016, “The first 2014Na5299 was appealed and the Seoul High Court was currently pending in the appellate trial as 2014Na5299, and the appeal of the Plaintiff was dismissed and the judgment became final and conclusive by Supreme Court Decision 2016Da49856.”

The 18th sentence of the first instance judgment, “The 9th sentence was rendered,” and the 18th sentence of the first instance judgment was revised to “AD, but on April 28, 2017, the manager of B and D took over the instant litigation procedure in sequential order, and the administrator AD accepted the Plaintiff’s claim at the trial.”

The following shall be added to 26 pages 26 of the first instance judgment.

The plaintiff asserts to the effect that it is unfair to calculate the cost of repairing defects of the apartment in this case based on the results of the relevant defect appraisal, since the defect repair costs of some items were calculated by mistake in the relevant defect appraisal and the outer wall ruptures and water leakages were not appraised.

According to the results of fact-finding and the whole purport of the argument of appraiser A in the related case of this Court, appraiser A will be in the trial of the first instance on 2. 'A' in the first instance on 2. 'A', the wall such as the elevator hole and the stairs room, and multi-liability pattern expenses for the ceiling rupture, common use 9. 'A' in the common use 9. 'A' in the aggregate, the extraction expenses of landscaped trees in the complex on 103. 'A' in the public use, the removal of melting and