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(영문) 서울고등법원 2017.03.31 2016나2081292
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The gist of the grounds for appeal is that the first instance court deemed the construction of a joint implementation method, rather than a sharing implementation method, in relation to the expenses for repairing defects under item (g) of a landscaped planting, as well as 251,065,876 won, and held the Defendants liable for such expenses.

(Common Reasons for Appeal by the Defendant). In addition, the Defendant Construction Mutual Aid Association also asserted that some defects fall under the scope of guarantee liability of the above Defendant as they fall under the pre-use inspection and did not fall under the scope of guarantee liability of the above Defendant.

Do.

2. As a result of examining the grounds for appeal citing the judgment of the court of first instance and the evidence submitted by the parties, the legitimacy of the judgment of the court of first instance is examined, and this court’s explanation is the same as the reasoning of the judgment of the court of first instance, except for partial dismissal or addition or supplementary determination as follows, and thus, it is acceptable as it is in accordance with the main sentence of Article

3. Parts to be used or added or supplementally determined;

A. 1) On the fourth 10th 10th 10th 10 of the judgment of the first instance, “Defendant Pung Forest Industry” was used as “Pung Forest Industry”, and the fourth 12th 12th 12th 2th 2005 added “as to civil engineering, construction, etc. during the instant apartment construction,” and thereafter the fourth 15th 15th 15th 2th 15th 2th 15th 2th 2007.”

According to the following circumstances, the part of information and communication among the apartment construction in this case, and the part of landscaping among the apartment construction in this case, are agreed to be shared and implemented by the new construction (including the paper number). According to the following circumstances, the landscape architecture part among the apartment construction in this case is deemed to have been shared and implemented by the new construction.

① Landscaping is indicated as part of the share of new construction in the joint supply and demand agreement prepared by the Plaintiff and the Defendants in the course of consulting on the instant apartment construction work.

② The Plaintiff followed.

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