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(영문) 서울고등법원 2019.11.29 2019나40401
지체상금
Text

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 reasons for the court’s explanation concerning this case are as follows: (a) the reference of the judgment of the court of first instance to “2016.” of Articles 5 and 6 of the judgment of the court of first instance to “2017.” (b) and (c) the reference of the judgment of the court of first instance to “2017.” (c) and (d) the part asserted by the Plaintiff and the Defendant as the reasons for appeal is as stated in the reasoning of the judgment of the court of first instance

2. Additional or supplementary judgment

A. The Plaintiff’s grounds for appeal 1) The Plaintiff did not apply for the approval of use after receiving the completion inspection documents from the Defendant, and the Defendant applied for the approval of use by forging the documents.

B) Furthermore, the instant building cannot be deemed to have been completed under the instant construction contract because there is a defect in the construction differently from the design drawing as follows, or that the instant building has not been constructed, as such, (i) defective construction of sewage pipes (ii) defective construction, such as toilet sanitary intensity and breach of the terms and conditions of a special agreement, (iii) defective construction of stone materials from the wall construction (iv) construction of landscaping stone construction, (iv) construction of nonconstruction of safety fences, e.g. non-construction of thermal rock boundary, e., installation of walls not to be installed, and (iv) installation of walls between H-I of the first apartment building, 7 installation of walls between the main entrance and the main apartment building, 6/SD, and 3rd floor of the instant building, and the Plaintiff was not arbitrarily authorized to arbitrarily make an extension of the entrance and exit of the instant building from the main entrance and 3rd floor of the instant building on the ground that there is no extension of the entrance and exit of the instant building from the main entrance and 6/3rd floor of the instant building.

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