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(영문) 대법원 2015.03.26 2012다63779
손해배상(기)
Text

All appeals are dismissed.

The costs of appeal by the plaintiff are assessed against the plaintiff, defendant corporation, and defendant corporation.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. In determining the scope of compensation for damages due to nonperformance as to the Plaintiff’s ground of appeal No. 1 and Defendant Co., Ltd., New East Asia Construction Co., Ltd., and the grounds of appeal by two Industries Co., Ltd., the existence of natural or factual causation between nonperformance and damage is insufficient, and there is a proximate causal relation, i.e

(see Supreme Court Decision 2010Da81315, Jan. 27, 2012). Moreover, a contractor is liable to compensate for the damage, unless the contractor proves that the contractor was not responsible for the damage to the body or property of the contractor due to failure of the contractor to perform his/her obligations under the contract.

(2) In order to respond to the previous lawsuit brought by the council of occupants' representatives who acquired damages in lieu of defect repairs, the court below acknowledged the facts as stated in its holding. The court below determined that there was a proximate causal relation with the Defendants' nonperformance of obligations as the property damage incurred by the Defendants, the contractor of the newly constructed apartment, as the Defendants failed to perform their obligations under the contract of this case, and thus, there was a proximate causal relation with the Defendants' nonperformance of obligations.

On the other hand, the court below has a proximate causal relation with the defendants' above default on the service fees related to the precise inspection that the plaintiff paid to the attorney during the previous lawsuit.

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