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(영문) 인천지방법원 2017.08.24 2016나15631
손해배상
Text

1. Of the part regarding the principal lawsuit in the judgment of the court of first instance, KRW 11,567,017 against the Plaintiff (Counterclaim Defendant).

Reasons

1. The reasons for this part of this Court’s reasoning are as stated in paragraph (1) of the reasoning of the judgment of the first instance, except that the reasoning for this part is that “No. 15 of April 15, 2015” with “No. 13, 2015” with “No. 13, 2015.”

(The main text of Article 420 of the Civil Procedure Act: Provided, That the part concerning separately determined Appointed C is excluded). 2. Determination as to the principal claim

A. Since there are a large number of defects and non-construction parts in the instant housing built by the Defendant claiming the Plaintiff, the Defendant is obligated to compensate the Plaintiff for damages in lieu of the non-construction and defect repair.

B. The reasons why the court stated in this part of the defect are stated are as follows.

1) The same as mentioned in paragraph (1) is as follows (the main sentence of Article 420 of the Civil Procedure Act, and the defendant asserts that the appraisal results conducted while leaving the construction site for a long time after the discontinuance of construction work cannot be accepted as they are. However, although the appraisal results by the appraiser G of the first instance court shows that most of the particulars recognized as defects of the building are virtually unconstruction records, and thus, the defendant was not affected by the circumstances asserted by the defendant, and the first instance court limits the defendant's liability for damages in consideration of the location of the construction site, the period from the discontinuance of construction to the appraisal date

(C) In full view of the purport of the entire arguments by appraiser G in the first instance trial as a result of the appraisal by appraiser G in the following table, the Defendant’s failure to construct the part to be constructed according to the contract and design drawings, and the Defendant’s total of KRW 11,167,017,017, as stated in the following table, may be acknowledged.

Items (C) Nos. 1 66,339 2.2. 222,711 4. double studs and the entrance and exit non-construction 3,702,150 5.00 6 pipes 3,190,095 .6 pipes .266,339 2. 2. 166,572,579 222,711 4.2,711 ... 3,702,150 .2.

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