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(영문) 대구고등법원 2021.01.21 2020나22217
손해배상(건)
Text

All appeals filed by the Plaintiff and the Defendants are dismissed.

2. Of the costs of appeal, the part pertaining to the Plaintiff’s appeal is the Plaintiff.

Reasons

1. The reasoning of the judgment of the court of first instance concerning the instant case is the same as the reasoning of the judgment of the court of first instance, except for modification and addition as follows. Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.

Part 5 of the judgment of the court of first instance is revised to "Appraisal K (hereinafter referred to as "Appraisal K")" as "Appraisal K (hereinafter referred to as "Appraisal K") of the first instance court."

The following parts of the judgment of the court of first instance’s 6 pages “B. Judgment on the Plaintiff’s argument” are amended as follows:

The main point of the assertion of defective items is to determine [public use 7-10] each Dong/PIT/ underground parking lots, etc., and the appraiser of the erroneous drainage pipes, such as the poor quality and backflow, did not recognize it as a defect because the drain pipes, such as each Dong/PIT/ underground parking lots of the apartment of this case, are not the reverse distribution. However, the standard specifications of the construction machinery construction of the apartment of this case provide the minimum amount of the old distribution, and the apartment of this case, the drain pipes installed in the apartment of this case fall short of the above terms and conditions of the above payment, and thus, the defect should be recognized

[Rejection] The following circumstances are revealed in light of Eul evidence No. 10, the appraiser's appraisal results, and the purport of the whole theory of changes. In other words, the appraiser excluded this part from the defect for the reason that the distribution of the drainage pipe, such as each apartment building/PIT/ underground parking lot, was not completed, and the appraiser provided a minimum of the distribution pipe in diameter in the standard specifications for construction machinery, but it is difficult to view that the appraiser's appraisal result does not fall short of the reasonable payment stipulated in the above specifications, including each apartment building/PIT/ underground parking lot of this case. ③ Although it was difficult to prevent from the drain pipe of this case, it can be viewed that the above phenomenon is due to the defect in the use, such as the discharge.

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