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(영문) 부산지방법원 2019.07.05 2018나45749
손해배상(기)
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 court’s reasoning and this part of the Plaintiff’s assertion is the same as that of the judgment of the court of first instance, and thus, this part is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

A. 1) According to the purport of Gap evidence No. 19 and all pleadings, there are defects in the part constructed by Defendant B during the instant construction work, and the Busan District Court case No. 2016Gadan21960 (hereinafter "the construction cost case") filed against the plaintiff by Defendant B.

) The fact that the defect repair cost was appraised as KRW 19,628,400 (including value-added tax). Meanwhile, according to the fact finding in the appellate court in the case of the construction cost, the appraiser established only one of the 4 parts of the main entrance and exit of the first floor with respect to the basic construction cost, and the 276,000 won additional to the 276,000 won for the existing defect repair cost based on the 4th unit as design. In addition, in calculating the cost of defect repair, the appraiser assessed that the 3,359,000 won for the defects of the unclaimed construction, and the 2,205,000 won for the portion of the undeveloped construction, 2,000 won for the reasons that the defect repair cost alleged by the plaintiff is less than the 2,000 won for each of the above parts, 2.66 million won for the reason that the 2,500,000 won for each of the above parts is less than the 2,366.4 million won for the 2 million won for the defect repair.

The plaintiff shall bear the cost of repairing defects of KRW 101,650,000, and the cost of repairing KRW 10 million due to the non-performance of the defect repair.

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