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(영문) 춘천지방법원강릉지원 2016.07.12 2015나6217
손해배상(기)
Text

1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:

The defendants are the defendants.

Reasons

1. The scope of the adjudication on the claim for damages due to the result of the appraisal by the first instance court is limited to the damages for property expanded in the trial by the second instance, but the part of the claim for damages for property cited in the first instance court for convenience is also considered as well.

A. In full view of the entries in the evidence Nos. 1 and 2, the results of the on-site inspection by the court of first instance, the results of the request for appraisal of defects and the purport of the entire pleadings by the court of first instance to the appraiser D of the first instance, the Plaintiff awarded to the Defendants on April 15, 2013 the contract for the new construction of the building listed in the attached list (hereinafter “instant housing”) at KRW 464 million. ② After the construction of the instant housing around August 28, 2013, the Defendants completed the new construction of the instant housing; ③ the parts to be constructed according to the design drawing, or the defect repair cost recognized as the defect as the result of the on-site inspection conducted by the court of first instance among the defects that occurred in the instant housing due to the Defendants’ failure to construct the construction or the defective construction, and the defect repair cost for them can be recognized as the following facts.

Difference 1 parking lot, 4,574,884 won Differenced in 4,574,884 won around the building, and 2,96,506 won in the fluorite 245,806 won in the surface of the wall surface of the 3st metric tons of reconstruction, or 883,125 won in the fluor of the wall surface of the 4th 883,125 won in the fluor of the 51 to 301,746 won in the fluor of the 51 to 33th floor, " 2,386,510 won in the fluor of the 51 to 6th floor, the 78,901 won in the 888,901 won in the surface of the wall and the 872,737,15 won in the surface of the outer wall.

B. According to the above facts, the Defendants, a joint contractor, are jointly liable to pay 15,050,215 won and delay damages to the Plaintiff, the contractor, in lieu of defect repair under Article 667(2) of the Civil Act.

2. Determination as to the claim expanded in the trial

(a)the cost of the occurrence and repair of one defect;

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