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(영문) 수원지방법원 2020.01.16 2019나53044
부당이득금
Text

1. All appeals filed by the defendant and the defendant assistant intervenor are dismissed.

2. The portion resulting from the participation in the appeal costs.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except where the defendant's grounds for appeal are added to the grounds for appeal, and thus, it shall be cited by the main sentence of Article 420 of the Civil Procedure Act

2. The defendant asserts that the defects of the plaintiff's assertion regarding the instant devices are not caused by design errors, but caused by design errors. The defendant's or defendant's assistant intervenor's error in construction.

However, the evidence submitted by the defendant or the defendant's assistant intervenor alone is insufficient to recognize that the defects of the plaintiff's assertion were caused by design errors, and there is no other evidence to acknowledge them.

In addition, according to the overall purport of Gap evidence Nos. 4 through 11 (including the paper number), the original defendant and the defendant's assistant intervenor agreed on June 28, 2016 to the effect that "the defendant and the defendant's assistant intervenor shall repair the defects of the device of this case between July 30, 2016 and August 7, 2016," and there is no fact that the defect of the device of this case is a design defect or a defect in construction, or that the amount is calculated differently.

The defendant's argument is without merit.

3. The judgment of the first instance is justifiable, and all appeals filed by the defendant and the defendant assistant intervenor are dismissed.

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