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(영문) 서울고등법원 2019.01.18 2018나2023818
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

1..

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows: (a) the “Appraiser E” in Part 8 is “Expert E” under the fifth table of the judgment of the court of first instance; (b) the “gas diskettes” in the 11th and the 20th thereof are “gas diskettes” respectively; and (c) the Plaintiff’s grounds for appeal are as indicated in the reasoning of the judgment of the court of first instance, except for the additional or supplementary judgment as follows, with respect to the part claimed by the Plaintiff as the grounds for appeal, and thus, they are cited pursuant to the main sentence of Article 420 of the

2. Additional or supplementary judgment

A. According to the appraiser's appraisal of the gist of the grounds for appeal, four of the six fire doors subject to appraisal did not have fireproof and blocking performance required by statutes and social norms.

It is unreasonable to reject the above appraisal result, even though the circumstances of the first instance court’s taking account of the above appraisal result cannot be deemed to exist with objective grounds to reject the appraisal result as follows.

1) The result of performance test is mandatory at the stage of supplying a fire door, and if it is judged based on this, it leads to the conclusion that there is no defect in all the already installed doors. Therefore, it cannot be concluded that the entire door of a door installed on the ground that part of the first supply door has undergone performance test meets the performance test standard. 2) Each door of the subparagraphs J and K of the I Dong and Dong does not have any rhetoric heat or opening part of the door itself, but has failed in the fireproof test on the ground that the fire door of each of the above subparagraphs J and K did not have any rupture or opening part of the door itself.

Even if the fire resistant test was failed, there should be defects.

There was a problem on the most weak part of the durability.

It should not be considered in determining whether there is a defect.

3 G 22-storys are often displayed, but they are now.

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