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(영문) 서울고등법원 2016.01.19 2015나2043859
손해배상(기)
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons why the court should explain this part of the facts of recognition are as stated in the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of action

A. According to Article 19 subparag. 2 of the instant contract contract, the Plaintiff’s assertion of liability for nonperformance due to the violation of Article 19 subparag. 2 of the Plaintiff’s assertion that the Defendant is liable for damages arising from the nonperformance of the obligation under Article 19 subparag. 2 of the instant contract. The Defendant, as a result of the direct construction work, treats it at its own responsibility and cost and bears a contractual obligation not to inflict damages on the Plaintiff. The purport of Article 19 of the said contract is not only during construction, but also to have the Defendant, a contractor, responsible for and resolve civil petitions, such as defect repairs arising from the construction work defects that occur after completion and other alternative damages. However, the Defendant brought a lawsuit against the Plaintiff due to the failure to repair the defects arising from the construction work defects from the apartment occupant of the instant case, and thereby, caused damages to the Plaintiff and attorney’s expenses. Accordingly, the Defendant, as compensation for damages arising from the nonperformance of the obligation under Article 19 subparag. 2 of the instant contract, is obliged to pay damages for damages arising from the Plaintiff’s construction work sites and damages for damages.

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