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(영문) 서울고등법원 2016.11.04 2016나2004363
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the Defendants shall be revoked, and the Plaintiff corresponding to the revoked part shall be against the Defendants.

Reasons

1. The reasoning for the court’s explanation on this part of the facts is as stated in Article 420 of the Civil Procedure Act, since the reasoning for the judgment of the court of first instance is the same as stated in paragraph (a) of Article 2.

2. The assertion and judgment

A. The reasons why this court should explain this part of the judgment on the claim for damages in lieu of defect repair are as follows, and this part of the reasoning of the judgment of the court of first instance is as stated in Paragraph 2(b) of Article 420 of the Civil Procedure Act, in addition to the modification of the part of the 7th to 5th of the judgment of the court of first instance as "the defendant's decision" and the part of the 7th to 7th of the judgment of the court of first instance as "the defendant's decision

The Plaintiff, upon entering into a contract with any other construction company than the Defendants, was performing the construction of the building of this case, and the construction was suspended. The construction permit drawings for the building of this case included artificial stone construction and artificial stone construction of artificial stone. The approval drawings for use omitted the artificial stone construction, and the artificial stone construction of artificial stone outside the building was changed to ston in lieu of artificial stone construction. In the construction contract of this case, the Plaintiff and Defendant Thai made an attachment list of the contents of the construction by agreement with the Plaintiff and Defendant Thai-si, and set the amount thereof according to the attachment list of the total construction cost by agreement. The materials and type of the outer stone were the basis of the drawing, and the agreement was made to make a consultation for the smooth sale of the building. The attachment list of the construction contract of this case stated "pick stone, stone stone, stone stone construction" in relation to the outer stone construction, and the modification contract of this case and the modification contract of this case, and the Plaintiff asserted the defect details of this case.

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