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(영문) 수원지방법원 2020.07.15 2019나82530
채무부존재확인
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport of claim Incheon.

Reasons

1. The reasoning for this part of the reasoning is as stated in the part on “1. Facts recognized” in the reasoning of the judgment of the first instance, except for the dismissal as follows. Thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The apartment in the second 8 line of the judgment of the court of first instance is the apartment of this case, which is the apartment of this case.

"Ero-friendly".

2. The parties' assertion

A. The plaintiff's assertion that the defects of this case occurred due to the plaintiff's error in the construction of the construction of this case (hereinafter "the defects of this case"). However, the defects of this case were caused by the defendant's error in the construction of the ridge construction company in charge of the structural intensity of the floor or the subsequent process such as organizing the foundation of tar (Morar) and the ridge landing. It is irrelevant to the construction of this case.

Therefore, the Plaintiff is not obligated to repair the defects of this case or compensate for damages in lieu thereof to the Defendant.

B. The Defendant’s assertion 1) This case’s defect occurred due to the Plaintiff’s error in construction. As such, the Plaintiff is obligated to repair the defect or compensate the Defendant for damages in lieu of the defect. Even if there were multiple causes other than the Plaintiff’s error in construction in the occurrence of the defect, in consideration of other similar cases, the Plaintiff is liable for 60% liability. 2) The defect in this case is obvious that it occurred in any of the areas of the non-construction area, the construction of this case, and the subsequent ridge construction area, and as long as the defect in this case occurred in the overlapping area, the Plaintiff shall be jointly and severally liable for damages in lieu of the defect repair.

3. Determination

A. The fact that the plaintiff completed the construction of this case is as seen earlier, and according to the statements in Eul evidence Nos. 1, 3, 4, and 8 (including paper numbers), the floor of this case's apartment 139 households is the highest.

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