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(영문) 서울고등법원(인천) 2020.10.16 2019나14309
건물재시공 등
Text

Of the judgment of the first instance, the part against the Defendant (Counterclaim Plaintiff) regarding the principal lawsuit shall be revoked, and the revocation part shall be applicable thereto.

Reasons

1. The reasons why this Court stated in this part of the facts of recognition, the main claim, and the main claim for counterclaim are as stated in the corresponding part of the reasoning of the judgment of the first instance (as stated below, from 3, 11, 18). Thus, this Court shall accept the corresponding part of the reasoning of the judgment of the first instance, including the attached form and summary thereof, pursuant to the main sentence of Article 420 of the Civil Procedure Act.

[Attachment] In the 9th judgment of the court of first instance, the "this Court" in the 2nd judgment shall be deemed to be "the court of first instance".

The 9th 21th 21th son in the judgment of the first instance shall be deemed to be a witness in the first instance, and the Appraiser shall be deemed to be an appraiser in the first instance.

The first instance court's " appraiser of this court" in the first instance court's 10th judgment shall be "the above appraiser of the court of first instance".

From 10th 8th 8th to 9th 9th 10th 8th 10th 10th 8th 19th 8th 8th 19th 103484, “However, the part of the Defendant’s lawsuit against the Plaintiff (this Court 2019Gahap103484, hereinafter “related lawsuit”) is “However, the part of the Defendant’s lawsuit against the Plaintiff for the loan claim (the first instance court: Busan District Court 2019Gahap103484, : the appellate court: 2019Na14583, hereinafter “related lawsuit”).”

2. The reasoning for this part of the judgment regarding the claim for damages in lieu of defect repair is that of the corresponding part of the reasoning of the judgment of the court of first instance (from 11, 19, 15, 4). Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. The reasoning in this part of the judgment regarding the claim for liquidated damages is that the pertinent part of the reasoning of the judgment of the first instance (as stated in the main sentence of Article 420 of the Civil Procedure Act, except for partial dismissal or addition as follows, the pertinent part of the reasoning of the judgment of the first instance is the same as that of the pertinent part (as from 15: 5: 19:

[Supplementary or additional parts] On 16th 15th 16th 15th 15th 15th 2th 2th 2th 3th 2th 200.

The following shall be added between 18 pages 12 and 13 of the judgment of the first instance:

[Ma] Nos. 17 and 19 respectively.

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