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1. The receiver C of the rehabilitation debtor B, who is the taking over of the lawsuit against the defendant B, of the judgment below.
Reasons
The grounds of appeal are examined.
1. Examining the grounds of appeal Nos. 1 through 7 in light of the relevant legal principles and records, the court below acknowledged the defects, such as ① the cost of repairing the defects related to the alteration of the floor bed of each household, ② the cost of repairing the defects related to landscaping planting as KRW 1,350,194,232; ② the cost of repairing the defects related to landscaping planting as 141,104,134; and ② the cost of repairing the defects related to planting planting as claimed by the Defendants is not deducted from the costs of additional planting as claimed by the Defendants; ③ the Defendants’ assertion related to the second fault-proof construction; ④ the Defendants’ rejection of the Defendants’ assertion related to the second fault-proof construction; ④ the lower court acknowledged the defects such as the poor flood-proof floor of each underground bed, based on the appraiser K’s appraisal of defects in the first instance trial in relation to the construction of liquid waterproof waterproof construction; ⑤ the lower court acknowledged the defect repair costs as 1,350,141 won as the costs of repairing the ground for appeal.
2. On the ground of appeal No. 8 (Judgment on Defendant B’s partial ex officio)
A. The main text of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (hereinafter “Litigation Promotion Act”) declares a judgment ordering performance of all or part of monetary liabilities, statutory interest rates constituting the basis for calculating the amount of damages resulting from the nonperformance of monetary liabilities shall be determined by the Presidential Decree, taking into account economic conditions, such as the interest rate on arrears applied by banks under the Banking Act, etc., within the extent of 40/100 per annum from the day following the day on which a complaint seeking the performance