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(영문) 서울고등법원 2016.11.18 2015나27813
하자보수보증금 등
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and the reasoning of the court's explanation is as stated in the part corresponding to the plaintiff among the reasons of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. A portion used for adding or cutting;

(a) All the words “the result of the request for the supplementation and supplementation of appraisal by December 26, 2015” in the first instance court’s 11 statement, the last 16th and the second 2th following the 17th below shall be deemed to read “the result of the request for the supplementation and supplementation by appraisal by December 26, 2014”.

(b)in the third instance of the first instance judgment, the following shall be added:

At the trial, the appraiser stated in the first instance that the item "the off-line construction of the system air conditioner" in the system air conditioner specifications should be capable of normal heating operation even below 15°C in the system air conditioner specifications, but the current construction is currently being executed in the off-site unit of the system (it is determined that the functional defect caused by the modified construction is a defect, but it is recognized as the defect repair cost of KRW 29,376,447,00, which is the difference in both products, but the two products significantly differ in their functions, the appraiser asserts that 37,474,314, which is the cost necessary for the removal of the existing off-site air conditioner and reconstruction of the system air conditioner as specified in the specifications, should be recognized as the defect repair cost of this part.

If the defect is not important and excessive expenses are needed at the same time, it is not possible to claim damages in lieu of the repair of the defect or the repair of the defect, and only damages caused by the defect may be claimed. In such a case, the ordinary damages caused by the defect shall be the difference between the exchange value of the object and the exchange value in the present condition of the defect, unless there are special circumstances.

(c).

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