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(영문) 서울중앙지방법원 2020.10.28 2020나11628
손해배상(기)
Text

All appeals filed by the Defendants are dismissed.

The costs of appeal shall be borne by the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance is to add "the result of appraiser L's appraisal and the result of inquiry into the appraiser L's appraisal," to "the cost of removal and disposal (hereinafter "the cost of removal")" as "the cost of removal and disposal (hereinafter "the cost of disposal in this case")" as "the cost of disposal in the construction site" as "the cost of removal and disposal in the construction site" as "the cost of removal and disposal in tex et al. shall be decided at the construction site and the cost of disposal in this case" as "the cost of disposal in this case" as "the cost of removal and disposal in tex et al. shall be decided at the construction site" as "the cost of removal and disposal in this case" as "the cost of disposal in this case, tex et al. shall be decided at the construction site and eight million won" as "the damages incurred due to the non-construction and defective construction of the interior construction in this case" as stated in Chapter 3 8, 5, 9, and 5, 9, "the cost of removal" as "the cost of this case'

[Defendant did not submit additional evidence in this court, and most of the grounds for appeal were presented after the closing of argument, but the grounds for appeal are not significantly different from the allegations made by Defendants in the first instance court, and even if the records are reviewed again in this court, the fact finding and judgment by the first instance court are recognized as legitimate. Furthermore, the Defendants asserted in the appellate brief that the Plaintiff’s additional establishment of facts and judgment by the first instance court is justifiable, even if one year has elapsed since the Plaintiff moved into the building of this case, and one year has elapsed since the Plaintiff moved into the building of this case in the appellate brief, and that it is unreasonable to claim and correct the repair of defects of the relevant interior Corporation. However, if a contract for construction works constitutes a commercial activity, the period of extinctive prescription by the contractor’s warranty liability is deemed to take five years in accordance with the main sentence of Article 64 of the Commercial Act (see Supreme Court Decision 2009Da2511, Dec. 8, 201

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