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(영문) 서울고등법원 2015.01.22 2014나2004970
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. The reasoning of this part of the reasoning of the judgment of the court of first instance is the same as that of Paragraph 1 of the same Article, and thus, this part of the reasoning is cited in accordance with the main sentence of Article 4

2. The reasoning of this part of the judgment is as stated in Paragraph 2 of the reasoning of the judgment of the first instance except for the dismissal as follows. Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[고쳐 쓰는 부분] ▣ 제1심 판결문 제9쪽 제6행 “(설령”부터 제10행 “이유 없다)”까지 부분(괄호 부분)을 아래와 같이 고쳐 쓴다.

(A-1) Claim for repair of defects under the agreement on the replacement of another day (1) The Defendant asserted that the Defendant agreed to replace the balcony of the balcony of the previous household of the apartment of this case into another day.

The defendant is obligated to pay 173,71,023 won for the repair of defects to the 314 generation units that transferred the claim to the plaintiff, in the first place, to the plaintiff, 301,169,329 won for the repair of defects to the 314 generation units that agreed to replace or repair other days, and 204 units that agreed to the replacement or repair of other days.

(2) The written evidence Nos. 7 and 8 are insufficient to acknowledge the Plaintiff’s assertion that the Defendant agreed to replace the balcony ridges to the Plaintiff on a different day, and there is no other evidence to acknowledge it.

(B) In addition to the above evidences, the following facts are acknowledged, and in light of these facts, the Plaintiff and the Defendant did not agree on the replacement of a third party, but did not reach an agreement.

The plaintiff's assertion under a different premise is without merit.

① The Defendant, on October 7, 201, in the event of a civil petition filed by the occupants due to a defect in the balcony ridges, there are many civil petitions that replace the verdo floor as another day, and thus, I would like to clearly grasp the households which the Plaintiff wishes to replace and construct.

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