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(영문) 서울고등법원 2019.11.29 2018나2072216
채무부존재확인
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be borne respectively by each party.

Reasons

1. The reasoning of the judgment of the court of first instance concerning the instant case is as stated in the reasoning of the judgment of the court of first instance, except for the following cases, and thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[This part] 5th half of the judgment of the court of first instance "The result of appraisal of appraiser I of the court of first instance" was "the result of appraisal of the appraiser I of the court of first instance" (hereinafter only referred to as the " appraiser") and "the defendant, as a result of appraisal of the appraisal of the appraiser I of the court of first instance," ① the appraiser of the court of first instance, using the standard construction cost at will without any standards different from the quantity of attached construction cost prepared by the plaintiffs and the defendant, so that the construction cost and the defect repair work cost are found to occur, ② arbitrarily calculated the construction cost without any grounds to specify the non-construction work itself (including the brick construction cost already constructed as it was included in the non-construction work cost) (3) the design drawing and its specifications were not included in the non-construction work cost, ④ there were no detailed specifications related to the detailed construction work cost of the part of the court of first instance, ⑤ many errors were determined, ⑤ there were no specific arguments that the defendant's construction cost and the construction cost were found to be in excess of the size of the plaintiffs's construction cost.

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