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(영문) 서울고등법원 2015.08.19 2014나2013820
하자보수보험금 등
Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff 1 defendant Construction Co., Ltd. 465,640,216.

Reasons

1. The basic facts;

2. The Parties’ assertion and determination on the occurrence and scope of defects;

3. Determination as to claims on Defendant Treatment Construction

(a) judgment on the primary cause of action;

B. (1) Determination of the conjunctive claim 1) The plaintiff's damage claim amount against the non-party partnership 2) The reasons for this part are as follows, and the corresponding part of the judgment of the court of first instance, except for the dismissal or addition as follows.

(The main sentence of Article 420 of the Civil Procedure Act). On the 5th page, the “inward association and association” shall be deleted.

Part 6-7 Sheet oil 22. The floor masts and the PVC bends are omitted as follows:

On the 22th day before the rejection of the summary of the claim for the defect list (original claim), 39,863,755 won, excluding 16,282,574 won, due to the omission of the floor mashing of the head of the kitchen and the PVC bending, was not installed. This constitutes functional and scenic defects.

In light of the description of Eul evidence No. 2, appraiser's appraisal result, and appraiser's fact-finding conducted on October 8, 2013, and each fact-finding conducted on December 5, 2013, each of the facts-finding conducted on the kitchen floor of the generation of the apartment of this case, it can be acknowledged that the main structure of the apartment of this case has not been constructed. However, the design drawing (detailed map and specifications) of the apartment of this case does not specify the method of finishing the body floor of the apartment of this case, and it is difficult to conclude that the materials finishing on the design drawing of this case should be finished on the main floor, but it is difficult to conclude that the entry of the interior materials finishing table should be finished on the main floor to the lower part (see Supreme Court Decision 2014Da27234, Nov. 13, 2014).

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