(영문) 부산고등법원 2018.09.06 2017나58970

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(영문) 부산고등법원 2018.09.06 2017나58970

하자보수에 갈음하는 손해배상 등 청구

Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. The defendant's appeal among the costs of lawsuit is made.

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 reasoning of the judgment of the court of first instance is identical to the ground of the judgment of the court of first instance, except where the judgment was adopted by the court of first instance as follows.

2. This Court shall be construed as “the first instance court”, “the Defendant Housing and Urban Guarantee Corporation” as “the Defendant Housing and Urban Guarantee Corporation in the first instance court”, “the appraiser” as “the first instance court co-Defendant Housing and Urban Guarantee Corporation”, and “the appraiser” as “the first instance court appraiser.”

7 Myeon 1-18 "(Public 11-18)" shall be used as "(Public 11-15)", and the following shall be added later than "14";

④ An appraiser in the first instance trial (hereinafter “appraisal”) determined that the performance standards for construction work standard specifications are satisfied, and calculated only the material cost incurred in relation to the part not meeting the standards for the thickness of liquid waterproof thickness, excluding labor cost. The appraiser’s determination is difficult to readily conclude that the process necessary for securing and maintaining the function was omitted, inasmuch as there is no evidence to prove that there was a problem such as water leakage, etc. due to this part of the defect, and that the defect appears to arise due to the difference in the thickness, the following is added to not more than 12 pages 3.

⑤ The standard specifications for construction works in 2013 provides that “Cement waterproof and waterproof construction works 3.1.2 shall be at least four meters thick so that the strength of attachment can be measured.”

(B) In light of the provisions, “minimum four meters” appears to be merely the minimum thickness for measuring the strength of installation of waterproof layers, and it is difficult to view that the thickness standards meeting the standards of waterproof performance are uniformly determined.

12. Subsequent to the last two pages of action.

참조조문

-민사소송법 제420조

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