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(영문) 광주고등법원(전주) 2017.11.09 2016나1026
손해배상(기)
Text

1. The part against the defendant in the judgment of the first instance against the defendant is revoked, and the plaintiffs' claim corresponding to the revoked part is filed.

Reasons

1. The facts of recognition are as follows: (a) the reasons for this part are as follows: (b) the reasoning for this part is that the court: (c) the 3rd of the judgment of the court of first instance purchased and sold “the instant building,” the 4th 18th 18 m “2004”; and (d) the 1st m-3 of the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance except re-use as follows; (d) the Plaintiffs cited it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act. (iii) On July 18, 2006, the Plaintiffs provided content-certified mail with content-certified mail that “The instant building was sunken, and its neighboring facilities were connected to the building; (d) how the defect repair was requested several times by wire but it was not resolved, and thus, the Plaintiffs again notified the Defendant of the defect repair request to the company as soon as possible after the completion of the construction.”

2. Assertion and determination

A. The Plaintiffs asserts that the Defendants asserted as follows. The defects in the building of this case are due to the Defendants’ changing and executing the construction work to the form of a set instead of file construction. As such, the Defendants are obligated to jointly compensate for damages in lieu of defect repairs or for damages arising from nonperformance of duties as a designer, interest supervisor, or contractor and to pay the Plaintiff the costs and consolation money necessary for defect repair of the building of this case. 2) The Defendants asserted that the Plaintiffs’ claim against the Defendants had expired by prescription.

B. Article 670 of the Civil Act or Article 670 of the Civil Act shall apply to the right to claim damages in lieu of defect repairs based on the contractor’s warranty liability.

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