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(영문) 서울고등법원 2019.11.08 2018나2072049
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and

Reasons

1. The reasoning of the judgment of the court of first instance as to this case is as follows. In addition, the part of the judgment of the court of first instance as to the argument that the defendant specifically emphasized as the reason for appeal is clear that it is a clerical error in the judgment of the court of first instance or because its meaning is unclear, is added to the judgment as to the argument that the defendant specifically emphasized as the reason for appeal. In addition, the part of the judgment of the court of first instance as to the corresponding part of the judgment of the court of first instance is accepted in accordance with the result of the review by this court, and the corresponding part of the judgment of the court of first instance

In lieu of deletion of a claim, the result of this court’s review is organized, and the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and this part is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act, except as

A. Of the judgment of the court of first instance, the fourth 1 and second 1 of the judgment “The occurrence of the instant accident is known by negligence, and the Defendant became unable to perform its duty to complete the instant construction due to the occurrence of the instant accident by negligence;”

B. Of the judgment of the court of first instance, “In the event of the instant accident” in the fourth 5 and sixth 6 parts of the judgment “In the event of the Defendant’s nonperformance of the instant construction contract”

C. Of the judgment of the court of first instance, 8 pages “The internal proof cost is 2.2.” part of “the internal proof cost is 2.2.2.”

2. Judgment on the defendant's grounds for appeal

A. The ground of appeal No. 3 of the judgment of the court of first instance concerning the part concerning the repair cost of the defendant's allegation in the grounds of appeal by the court of first instance, according to the result of the examination of this court on the grounds of appeal by the defendant

B.2) The part of subsection (b) shall be filled by the following:

나) 수리비용(부분 철거 및 재시공 비용): 105,815,500원 (1 당사자의 주장 요지 ㈎ 원 고 이 사건 사고로 인하여 이 사건 건물은 2층 일부와 3층 부분만 철거한 후 재시공하는 방법으로 수리가 가능하고, 그 수리비로 389,641,788원이 소요되므로, 피고는 원고에게 위 수리비 389...

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