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(영문) 서울고등법원 2019.12.13 2019나2017827
손해배상(기)
Text

1. Of the judgment of the court of first instance, parts of the judgment against Defendant B and C are modified as follows.

Reasons

1. The facts of recognition and the grounds for the court’s explanation on this part of the Plaintiff’s assertion are as stated in Articles 4 through 7 of the judgment of the court of first instance, except for the following modifications, and as stated in the part on “1. Recognition” and “2. Plaintiff’s assertion”. Accordingly, they are cited in accordance with the main sentence of Article 420

The "General List of Expenses for Repair of Defects" of the judgment of the first instance shall be amended to the "General List of Expenses for Repair of Defects".

The 14 pages of the fifth decision of the court of first instance shall be amended as follows:

Classification (units) 14,478,478,768,778,708,708,708,708,289,478,289,708,289,478,289,1279,47,477,489,475,47,482,467,447,975,297,47,468,47,467,468,467,41,47,468,47,467,47,475,47,475,47,47,468,476,648,47,196,196,4521,17147,575,258,2965,294,257,2965,4196,257,2946,2516,2947,475

2. Claims and determination regarding the occurrence and scope of warranty liability

A. [Public 56] According to the construction specifications of the apartment building of this case asserted by the Plaintiff, the construction of the apartment building of this case, on the ground of the Plaintiff’s assertion, shall be carried out with sticking agents and chemical agents, and it shall not be permitted to fix the stone on the wall using the climatic agents. However, the Defendant C fixed the stone using the climatic agents, which constitutes a defect as a modified construction.

B) The Defendants’ assertion on the apartment building outer wall of this case cannot be seen as having defects such as sticking clorging, glorging, and cutting of outer wall stones, etc. without construction of glorging agents, and this part must be excluded from the defects. 2) The appraisal result of the appraiser’s first instance judgment is as follows.

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