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(영문) 서울고등법원 2019.04.18 2018나2014869
손해배상(건)
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 355,230,178 and KRW 299,959,410.

Reasons

1. The reasoning stated in this part is as follows, and the reasoning for this court’s explanation is as stated in Paragraph 1 of the judgment of the first instance, except for a partial dismissal as follows. Thus, this is acceptable by the main sentence of Article 420 of the Civil Procedure Act.

An abbreviationd name established in the judgment of the first instance is also used below the same.

[Supplementary part of the judgment of the court of first instance] No. 3, the defendant of the judgment of the court of first instance " was dissolved pursuant to Article 7 of the Addenda to the Korea Land and Housing Corporation (amended by Act No. 9706, Oct. 1, 2009) and the Korea Land and Housing Corporation comprehensively succeeded to the property, claims, and other rights and obligations of the Korea Land and Housing Corporation pursuant to Article 8 (1) of the Addenda to the above Addenda; hereinafter "the defendant" without distinguishing the Korea Land and Housing Corporation and the Korea Land and Housing Corporation; hereinafter "the defendant").

Under the fourth instance judgment of the first instance court, the results of the expert witness C (hereinafter referred to as "expert")'s expert witness C (hereinafter referred to as "the results of the expert witness C") and each of the results of the expert witness C (hereinafter referred to as "the results of the expert witness") of the first instance court and the results of the expert witness C (hereinafter referred to as "the results of the expert witness") of the first instance court and the results of the entrustment of the expert witness of the first instance court to the expert witness of this court (hereinafter referred to as "the results of the expert witness") shall be examined as follows: the results of the expert witness C (hereinafter referred to as "the results of the expert witness examination of this case").

2. The reasoning for the court’s determination of the cost of occurrence and repair of defects is as stated in Paragraph 2 of the judgment of the first instance, except in cases where part of the judgment is revised or added as follows. Thus, this is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary or added parts] Aggregate (unit: unit) after the pre-use inspection, the pre-use inspection was conducted for the first five years following the second five years following the previous pre-use inspection. 5,052, 520, 520, 16,548, 210, 402, 37, 870, 490, 201, 640, 520.

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