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(영문) 부산지방법원 2018.07.25 2017나53149
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the judgment of the court of first instance, except where the defendant added the following determination as to the matters alleged in the trial of the court of first instance. Thus, the part concerning this case is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act. 2. Additional determination

A. The Defendant did not have existed at the time of conclusion of the sales contract, but was caused by remodeling works for the entire building of the Plaintiff (hereinafter “instant construction”) enforced on September 2015. The Plaintiff’s claim is alleged to the effect that the Plaintiff’s claim is groundless. In full view of the following circumstances, i.e., the witness F, C, and C of the first instance trial witness G’s testimony: ① the Defendant resided in the building of this case for several times, and was engaged in waterproof construction on the building of this case; ② the construction of the building of this case without mixing with the entire building of this case for the purpose of waterproofing, around 2013; ② the construction of this case’s building of this case’s building was discovered at the time of the conclusion of the sales contract, and the Plaintiff’s allegation to the effect that the construction of this case’s building of this case’s evidence was subsequently discovered, not only before the completion of waterproof construction for the fundamental resolution of the building of this case’s building from the time of construction business operator C (the Plaintiff).

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