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(영문) 서울고등법원 2015.03.19 2014나2028839
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

The first instance court.

Reasons

1. The reasons why the court should explain in this judgment are as stated in the reasoning of the judgment of the court of first instance, except for the part concerning the 6th to 18th of the judgment of the court of first instance among the reasons for the judgment of the court of first instance, since the part concerning the 6th to 16th of the judgment of the court of first instance among the grounds for the judgment of the court of first instance is as stated in the following Paragraph 2

2. Parts to be dried;

B. (1) Determination is based on the former Act on the Ownership and Management of Aggregate Buildings (amended by Act No. 11555, Dec. 18, 2012; hereinafter “Aggregate Buildings Act”).

Article 9(1) of the Civil Act provides that Articles 667 through 671 of the Act on the Guarantee of Warranty of a Contractor shall apply mutatis mutandis to the warranty liability of a contractor for an aggregate building. Article 667(2) of the Civil Act provides that the scope of the contractor’s compensation for damages against a contractor as the contractor’s warranty liability may include the amount equivalent to the defect repair cost or the remaining damages, etc. that may remain as the result of the contractor’s impossibility of full repair. However, in order for the contractor to be liable for damages against the contractor for extended damages or secondary damages due to the defect in the completed object, the contractor may be deemed liable for the breach of the contractor’s warranty liability, as in the case of the obligor’s default, unless the contractor’s liability for damages was completed and delivered by completion of the defective object (see, e.g., Supreme Court Decisions 2002Da35676, Jul. 22, 2003; 2001Da7377, Aug. 20, 2004).

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