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(영문) 서울고등법원 2017.09.05 2016나2075686
손해배상(기)
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal shall be borne by the Defendants and arising from the participation in the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the cases being cited or added in accordance with paragraph (2) below. Thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2.No one shall see “no one” in the fifth fifth and sixthth sentence of the first instance court in that part shall be written or added as follows:

It is difficult to reverse the above judgment only on the basis of the entries of the Evidence Nos. 2 through 4 (including the number of pages) submitted in the trial and the fact-finding results with respect to the President of the Korean Concrete Institute, an incorporated association, etc. of the political party.No. 5th of the first instance judgment of the court of first instance, the following judgments shall be added.

The Defendant asserts that “the Defendants have no reason to bear the Defendants for the repair of defects incurred in performing the design of the instant building or the construction of a fire-proof and waterproof construction work without any indication in the design drawing or special specifications of the instant building.” In full view of the results of the fact-finding conducted on May 23, 2016 by the first appraiser A, the fact-finding conducted on the appraiser A of the first instance trial on the appraiser A of the instant building. In full view of the overall purport of the pleadings, the said appraiser’s assertion that ① the water leakage generated on the roof of the instant building is more likely to be caused by the waterproof treatment or inferior structural crack of the portion of the instant building, which was indicated in the special design specifications, rather than the inappropriate method of waterproof construction, it is highly probable that the water leakage from the roof of the instant building would have been caused by the waterproof treatment of the relevant parts of the instant building, and the water leakage around the window heading was the major cause for the construction of the creative frame and structural dancing, and the construction of the relevant parts of the instant building.

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