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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
The defendant.
Reasons
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance except for the addition or replacement as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The part added to the judgment of the first instance court No. 13 and No. 14 (hereinafter referred to as "5) shall be decided by the court below. Therefore, the defendant is obligated to pay to the plaintiff the remaining construction cost after deducting the fixed construction cost of KRW 137,50,000,000, which the plaintiff deducteds from the total amount of the claim for the construction cost of this case from the total amount of KRW 229,50,407.
A person shall be appointed.
3. According to the item (a) of the "repair of defects in relation to the roof and balcony waterproof construction cost" of the first instance judgment No. 10, No. 2 through No. 12, No. 8 of the first instance judgment, the Defendant is entitled to water leakage in the house No. 1, second floor toilets and stairs rooms of this case (hereinafter "the water leakage in this case") following the Plaintiff's defective construction of waterproof construction of the roof and balcony of this case.
A. As a result, the Defendant asserts that the said KRW 27,289,709 should be deducted from the construction cost, as the toilet and stairs room, furniture, and rooftop waterproof construction was implemented with the cost of KRW 27,289,709 to repair it.
As to this, the Plaintiff had already conducted a defect appraisal, so it was not confirmed whether the water leakage of this case claimed by the Defendant exists. Even if the water leakage of this case exists before the Plaintiff, it was caused by structural problems laid underground on the house inside the house by passing through the house 1 and 2 floor through the house of this case on the rooftop, or was caused by the defective construction of the company in charge of the delay in the construction of the rooftop light room or the construction of the light room, and it was caused by the Plaintiff’s roof and balcony waterproof construction.