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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 for this part of the judgment of the court is as stated in Paragraph 1 of the reasoning of the judgment of the court of first instance, and thus, this part is cited by the main sentence of Article 420 of the Civil Procedure
2. At the time of conclusion of each of the instant construction contracts, the Plaintiff agreed to perform waterproof construction works on both slopes of the roof of the household where water leakage occurred. Defendant B performed waterproof construction works only on one roof slope, and the apartment Pdong M, AHdong N, and AI DongO O by performing construction works differently from themedo written estimate.
Therefore, the Defendants, a joint business proprietor of D, jointly and severally, did not appeal to the Plaintiff KRW 27,228,427 of the defect repair cost. However, among the above money, the Plaintiff did not appeal to the part of KRW 6,532,865 of the cost of defect repair for AI-dong O for which the claim was dismissed at the first instance
shall be paid by the Corporation.
3. Determination
A. 1) Determination as to the claim against Defendant B
Since it is the same as the part of the claim, it is accepted by the main text of Article 420 of the Civil Procedure Act.
B. Furthermore, the rooftop waterproof construction works are ordinarily conducted on both roofs. However, the aforementioned evidence and the images of the evidence Nos. 5 and 10 as well as the appraisal results of the appraiser AR in the first instance trial are as follows: ① Each construction contract of this case is composed of 50 units confirmed by water, namely, the outer walls and rooftop waterproof construction works for 79,350,00 won in total; ② the appraiser’s construction cost is merely 13,168,000 won in total; ② the appraiser’s construction work is assessed to require 9,492,294 won in case of construction work with emultanproof as written estimate, and ③ the Plaintiff’s construction contract of this case from Defendant B to Defendant B.