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(영문) 서울고등법원 2019.09.20 2019나2016824
하자보수보증금 등 청구의 소
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

3. The judgment of the court of first instance is in the process of judgment.

Reasons

1. The reasoning of the judgment of the court of first instance as to this case is as follows, and the part where it is clear that it is a clerical error or error or it is necessary to clarify its meaning in the judgment of the court of first instance as follows. Paragraph 2 of the following is added to the judgment on the argument that the plaintiff and the defendant specifically emphasized as the grounds for appeal: Provided, That this part of the judgment of the court of first instance, including the attached Form, is the same as the reasoning of the judgment of the court of first instance (excluding the part as to co-defendants of the court of first instance, for which the appeal is withdrawn and determined separately after withdrawal of the appeal due to the modification of the purport of appeal and the submission of a written withdrawal of partial withdrawal of appeal as of March 18, 2019)

A. Of the judgment of the first instance, the part “G” indicated in the No. 4 Guarantee Number column in the fourth lower judgment

B. Of the judgment of the court of first instance, the part “Neighborhood Living Facilities” in the column of Item 7 of the 18 table (former oil 7) is “Neighborhood Living Facilities”

C. Of the judgment of the court of first instance, the part “the apartment of this case” in the part “the apartment of this case” in the part “34,711,494 won reduced by 29,796,166 won” in the 17th judgment column “34,713,494 won reduced by 34,71,496 won” in the part “the reduction by 29,796,166 won” in the 19th and lower part of the judgment of the court of first instance in the item “13,713,494 won.”

E. Of the judgment of the court of first instance, the part “567,903,090 won” in each of the 25th, 8, 11, and 13 degrees “567,903,089 won” in each of the judgment of first instance

F. Of the judgment of the court of first instance, the part “386,204,209 won” in each of the 25th 13 parallel acts “386,204,208 won”

2. Determination on the grounds for appeal

A. In this case, the main point of the floor flat 1) Ga, the main point of the argument is as follows: (a) the floor flat studios of the corridor floor (public construction 4) and the floor flat studios of factories and support facilities (formerly changed construction 2-1) are not important; and (b) the floor flat studios of the factory and support facilities do not require excessive expenses; and (c) the amount of damages in lieu of the defect repair are the difference in the cost of construction.

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