(영문) 서울고등법원 2018.10.12 2016나2083441

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(영문) 서울고등법원 2018.10.12 2016나2083441

약정금

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1. All appeals filed by the plaintiff and the defendant are dismissed.

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

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 citing the reasoning of the judgment is as follows: (a) the “Expert E” of Part IV among the judgment of the court of first instance is dismissed as “Expert E” of the court of first instance; and (b) the part claimed by the Defendant as the reason for appeal is stated in the reasoning of the judgment of the court of first instance, except for the additional or supplementary judgment as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the

2. Additional or supplementary judgment

A. The gist of the defendant's grounds of appeal (the plaintiff appealed, but did not submit the grounds of appeal) 1) The claim in this case is a claim for damages in lieu of defect repair against the contractor of the subcontractor. The management body of the building in this case, which acquired the damage claim from the buyer, is a co-defendant, and the plaintiff and the joint contractor, the seller of the building and the defendant joint contractor, the contractor, are jointly defendants, and the lawsuit is pending (the Seoul Central District Court 2016Da564633, hereinafter referred to as "related case").

(A) Even if the amount of the judgment of the court of first instance is paid to the Plaintiff, the Defendant is not obligated to pay it to the Plaintiff unless the risk is removed, since it was placed at the risk of double payment of damages in lieu of defect repairs to the said management body. 2) The items to be considered below among the specific defect items are not defective, or the Defendant’s liability is not limited or liability is limited. A) The attached Form 2 of the judgment of the court of first instance (hereinafter “attached

b) Since the following defects in the defect items are not defects in the part constructed by the defendant, they should be deducted from the cited amount. (b) Since the following defects in the defect items in the attached Form 2 are related to the higher item in the attached Form 2, the defendant's responsibility should be limited.

F. 1-161 Of the defective items in Appendix 2 of F. F. 76,530.

참조조문

-민사소송법 제420조

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