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(영문) 서울고등법원 2021.01.15 2020나2022795
손해배상(기)
Text

1. The judgment of the first instance, including the claims extended by this court, shall be modified as follows:

A. The defendant.

Reasons

1. The reasoning of the judgment of the court of first instance, citing the instant case, is as stated in the reasoning of the judgment of the court of first instance, except for the following cases, thereby citing the summary of the judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act.

In the first instance judgment, the first instance judgment from 9th to 12th is as follows.

The Plaintiff received each transfer of the damage claim in lieu of repair of defects from the sectional owners of 191 households (excluding H heading and I from among the households of sale in units) among the total 193 households of the instant apartment, and notified the Defendant of the fact of transfer of claims on April 10, 201 by delegation of each right to notify the transfer of claims, and the notification was served on the Defendant on April 11, 2017.

In addition, on August 4, 2020, the Plaintiff received each assignment of the right to claim compensation in lieu of repair of defects against the Defendant even from the sectional owners of the remaining two households, and notified the Defendant of the fact of transfer of the claim through his/her preparation document on August 4, 2020. The above notification was served on the Defendant on August 7, 2020.

“A evidence No. 29, 30” is added to “A” for the first instance judgment No. 3, 13 through 15.

In the 5th page of the judgment of the court of first instance, "Expert J, K" shall be appointed as "Expert J, and K" of the 10th judgment.

Part 9 of the judgment of the court of first instance, part 13 of the judgment "E of appraiser M" is dismissed as "K of appraiser in the first instance," and part 17 to 21 of the judgment is dismissed as follows.

Inasmuch as the cost of KRW 5,057,774 can be recognized as the cost of KRW 1,014,413,637 (=9,355,863 + 55,057,774) is the cost of the instant heading.

From 10th to 15th of the first instance judgment, 10th of the 10th of the 10th of the 15th of the 15th of the 195th of the

“In accordance with this, the Defendant, as a substitute for the repair of the defects of this case, shall affix the following seals to the Plaintiff: (a) KRW 760,810,227 (=1,014,413,637 KRW x 75% x less than KRW 75%) and to KRW 751,464,732 cited in the first instance trial.

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