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(영문) 부산고등법원 2015.11.25 2015나83
하자보수금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. The reasons why the court should explain this part of the basic facts are as follows: “Expert C” in the third 20th 20th 20th of the judgment of the first instance court; “this court” in the same part as “Expert C of the first instance court”; and “this court” in the same manner as “court of the first instance court” in the corresponding part of the reasoning of the judgment; thus, it shall be cited as it is in accordance

2. Determination as to the parties’ assertion on the occurrence and scope of defects

A. The Plaintiff’s assertion 1) The starting drawings are the drawings indicating the numerical value in detail by a distance unit so that the construction work can be reported and actually executed, and are also the drawings which form the basis for calculating the sale price. The starting drawings are also the drawings which indicate the numerical value to the competent authorities at the time of reporting the commencement of construction works in accordance with the relevant laws and regulations.

B) The Defendant, without going through the procedures prescribed by the relevant Acts and subordinate statutes, made a design change or notified the buyer of the details of the change, as shown in the table below, performed or failed to perform construction different from the starting drawing as stated in the following table, thereby resulting in a loss equivalent to the total of KRW 614,967,731 (c). Accordingly, the Defendant is obliged to pay the Plaintiff the aforementioned defect repair cost due to the performance of the liability for warranty or the liability for damages caused by incomplete performance.

It is the indication of each item in the statement of appraisal.

26,064, 335, 335-2, 196, 973, 362-2, public-4, 148,280, 845-2-2, 845, 845-7, reduction in the quantity of L survey equipment in the complex 1,043, 939, 90, 903-29, 903-2, 103-9, the quantity of rain water in the complex 1,640, 1,25, 561-1, 25, 253, 15, 27, 1,25, 25, 25, 1, 25, 25, 1, 25, 1, 25, 37, 1, 25, 1, 25, 1, 25, 1, 25, 1, 3, 3, 5, 15 of public-1.

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