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(영문) 제주지방법원 2017.12.20 2016나1892
부당이득금
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 judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where the defendant added or emphasized arguments that the court added to or emphasized by this court, and thus, this is cited by the main sentence of Article 420 of the Civil Procedure

2. Additional determination

A. The appraiser of the first instance court asserted by the Defendant in the instant building calculated the construction cost of KRW 27,722,518, and the construction cost of the non-construction part among the interior finishing works of the second floor as KRW 11,901,703, among the construction cost of the Defendant in the instant building.

However, among the above appraisal results, the following parts cannot be accepted unfairly.

In other words, in the case of ① “a waterproof and stone work for the entrance of an automatic door” (the repair cost of KRW 4,282,867), the floor of the stairs room of the first floor in the drawing of the building of this case, which was designed to be no longer required to prevent liquid damage unlike the toilet or wall part, appears to have been inevitably defective that the Defendant constructed the relevant part in accordance with the drawing, and ② in the case of “a water-to-house exposed electrical wires repair work” (the repair cost of KRW 387,920). In the case of “a water-to-house exposed electrical wires repair work for the rooftop” (the cost of construction cost of construction cost of KRW 7,08,383) at the Plaintiff’s request at the time of new construction of the building, the construction cost of the relevant part calculated by the Plaintiff itself and the area of the office of the second floor was excessively excessive for additional construction cost.

B. On October 23, 2015, the appraiser C of the first instance court received relevant documents, such as the contract and design drawings, from the parties, and completed a field investigation after visiting the building of this case among the parties concerned and completing a field investigation.

The above appraiser calculated the remuneration cost for the defective part of the appraisal items based on the standard pum and unit price at the time of appraisal, and the unused part.

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