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(영문) 서울고등법원 2016.04.20 2015나4773
공사대금 및 손해배상 등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. The reasoning for the court’s explanation concerning this case is as follows, and the court’s explanation is the same as the entry of the first instance court’s decision, except for the addition of the determination of a new argument in the first instance court, and thus, citing this case’s reasoning by the main text of Article 420 of the Civil Procedure Act.

2. Five pages 5 of the first instance judgment of the court of first instance shall be written “this Court” to “the first instance judgment and the first instance judgment”.

On the 6th judgment of the first instance court, each of the items of "indirectly calculated costs" in the defendant's assertion and related judgments shall be deleted.

On the 7th judgment of the court of first instance, the plaintiff's assertion and the relevant judgment related to the plaintiff's assertion and the items of "cost of repair" related to the "cost of repair" shall be written in each column of "judgments" and "judgments" as follows:

The defendant cannot claim damages in lieu of repair in this part because the defects related to the re-repair work in this case are not important when the defects related to re-repair work among the defects in this case, such as the related contents of the plaintiff's assertion, are the case where excessive expenses are needed.

According to the repair contract of this case, the construction cost of the reconstruction work of a building is 380 million won, and the appraiser A of the first instance court calculated the repair cost of 92,295,275 won (107,730,275 won (15,435,000 won) as the repair cost of the reconstruction work of the building in relation to the reconstruction work of the building in question, and the repair cost of the reconstruction work of the building in question is 24.29% of the total repair cost of the reconstruction work of the building in accordance with the repair contract of this case.

However, under the defect repair contract of this case, the building reconstruction construction of the building in this case and the same heating repair construction work of the apartment in this case are the contents of the contract.

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