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(영문) 서울고등법원 2020.10.29 2019나2040612
손해배상(건)
Text

The defendant's appeal is dismissed.

Of the appeal costs, the costs of filing an application for the return of the provisional payment between the plaintiff and the defendant.

Reasons

1. The reasoning of the court’s explanation as to this case is as follows, except for adding or adding a part of the judgment as set forth in Article 420 of the Civil Procedure Act, and adding a judgment as set forth in Article 420 of the Civil Procedure Act. Thus, this shall be cited pursuant to the main sentence of Article 420

(Attached Form). However, the part concerning the joint defendant of the first instance court and the defendant joining the defendant B corporation, which is separated and finalized, shall be excluded.

[Supplementary or added parts] The Defendant’s “Korea Land and Housing Corporation” in the 3th, 7, and 8th of the judgment of the court of first instance shall be used as “the Defendant” and “B” shall be used as “the Defendant”.

On the third side of the judgment of the court of first instance, Defendant B Co., Ltd. (hereinafter “Defendant B”) was used as “Co-Defendant B Co-Defendant in the first instance trial and Defendant B Co-Defendant B Co-Defendant B Co., Ltd. (hereinafter “ Intervenor”),” and both Defendant B and the “Defendant B” were used as “ Intervenor”.

The "defendants" in the judgment of the first instance shall be deemed to be "defendants and intervenors", and this Court shall be deemed to be "the first instance court".

Part 4 of the judgment of the court of first instance, “sprinkers” of the item “second-year defect after the inspection of use” is deleted, and “sprinkers 4,964,77,833 won” is added to the item “before the inspection of use”.

The “total” column of “two-year defect” in the fourth page of the judgment of the first instance shall be 5,215,326,318 “250,548,485”.

Attached Form 5 of the judgment of the court of first instance shall delete the "Defect security period (year)" column of the defect collection table per household.

In Table 5 of the judgment of the court of first instance, "The result of each appraisal conducted by appraiser D, E, appraiser D, and E of this court, the result of each appraisal supplementation entrusted by appraiser D, E of this court," and "Expert E of the first instance court," respectively.

As a result of each appraisal of the court of first instance, the result of the entrustment of the appraiser D with the appraiser of the court of first instance, and the result of each entrustment of the appraiser E of the court of first instance and this court.

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