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(영문) 서울고등법원 2020.10.29 2019나2001600
하자보수금
Text

The plaintiff's appeal is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

Reasons

The court's explanation of this case is identical to the part of the judgment of the court of first instance, except for the supplement of the judgment related to the vehicle recognition system, as stated in paragraph (2). Thus, this case is cited by the main sentence of Article 420 of the Civil Procedure Act.

Supplement of Judgment on Vehicle Recognition System

A. We examine whether the construction defects of the vehicle recognition system installed in the underground parking lot of the apartment of this case (hereinafter “instant system”) can be recognized based on the results of the appraisal by the first instance trial appraiser.

According to the appraisal results of the appraiser of the first instance court, according to the appraisal results of the appraiser of the first instance court of the first instance as of September 3, 2018, the appraiser of the first instance court can find the fact that the court of first instance calculated 63,597,00 won of the estimated amount of the company whose remuneration costs are low in the written estimate submitted by the plaintiff, after confirming that the system of this case is not operated through a field investigation.

However, it can be recognized that the appraiser at the first instance court also presents an opinion that "in order to grasp the fundamental cause of the problem, objective analysis data should be submitted through the precise system inspection of the specialized company and experts in the relevant field."

According to the above facts, the opinion of the appraiser of the first instance court is merely the necessity of an appraisal through experts in the relevant field, and it does not purport that there is a defect in construction in the instant system.

Ultimately, it is difficult to recognize the defects in construction only with the result of appraisal by the appraiser in the first instance.

Then, as to the result of the examination of the court.

According to the results of the appraisal by the appraiser BJ (hereinafter in this item referred to as the " appraiser"), according to the request for the supplementation of each appraisal by the appraiser by this court, the system of this case has all the systems at the time of the appraisal, and it is installed at the time of completion on September 2010.

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