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(영문) 서울남부지방법원 2020.02.07 2018나68030
약정금
Text

As to the counterclaim in the judgment of the court of first instance, 10,160,000 won and this shall apply to the defendant against the plaintiff (Counterclaim defendant).

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows: (a) the reason for the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except that the reasoning for the judgment of the court of first instance is partially dismissed as set forth in the following 2. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The 11th to 14th of the judgment of the first instance shall be written by cutting down the 5th to 14th of the judgment as follows:

(1) We examine the judgment on the claim for damages in lieu of defect repairs, and the above A.

As seen in the foregoing paragraph, it is reasonable to view the instant contract concluded between the Plaintiff and the Defendant as the contract for the construction of the instant building. As such, the Plaintiff is liable to compensate the Defendant for the defects arising in relation to the construction of the instant building in lieu of

In full view of the entries and images of Section 15, 31, and 51 (including the number of pages) of Section B, the results of appraisal commission to appraiser L by the court of first instance, and the purport of the entire pleadings, defects such as the details of the defect in the construction of the instant building were generated in the course of the Plaintiff’s construction of the instant building, and the fact that the defect repair cost was 41,605,700.

However, in full view of the evidence mentioned above, the result of the request for the supplementation of the appraiser L by this court, and the purport of the whole pleadings, the appraisal amount of the above part in the attached Form 29. [The movement of the main entrance room of the elevator of the first floor], the official 31. [the removal and reconstruction of the outer wall of the 4th floor above the ground], the official 32. [the removal and reconstruction of the outer wall of the 4th floor], the official 32. [the reconstruction on the north side of the rooftop project], the former oil 15. [the additional construction part] can be recognized as having completed the reconstruction or defect repair due to the defendant's reconstruction or defect repair, so the appraisal amount of the above part should be excluded

Therefore, in the new construction of the building of this case, the plaintiff is damages in lieu of defect repair.

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