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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. In the first instance trial, the Plaintiff filed a claim for the return of the construction cost in relation to the instant building construction works: ① a claim for damages equivalent to lost profit due to defect repair works; ② a claim for damages due to delay in construction; ③ a claim for damages due to defect repair emergencies; and
The court of first instance has dismissed the claims 1, 2, 3, 4, and all the plaintiff and the defendant appealed against them. However, since the plaintiff has withdrawn an appeal against the claims 1, 4, the subject of the judgment of this court is limited to the above claims 2, 3.
2. The reasoning of the court of first instance for the acceptance of the judgment is as follows: (a) the part concerning the determination on the legitimacy of the claim for damages due to the repair of defects in the lawsuit of this case; (b) the part concerning the claim for the return of the construction price of 5. The part concerning the claim for the return of the construction price from 7th to 8th 3th ; and (c) the part concerning the 6th 8th 8th 7th 19th 7th 8th 8th 8th 8th 8th 8th 8th 9th 9th 2th 3th 9th 9th 1st 2th 2th 2000, and the part concerning the 6th 8th 8th 8th 8th 8th 8th
3. Parts:
A. In full view of the purport of the entire arguments as a result of the appraiser E’s appraisal, the details of damages in lieu of the defect and the defect repair of the building of this case are as shown in the attached Form No. 8 through 7, and the total amount of damages is KRW 55,065,598.2) Of the above part of the recognition, the Defendant incurred expenses for the reconstruction of the roof ceiling of the parking lot (11,496,918), (3) the part of the parking lot floor breakdowns (6,530,759), (4) the part of the alteration of the floor end of the floor of the room of this case (8,762,861 won) without significant defects, resulting in excessive repair costs.