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The judgment of the first instance court is modified as follows. A.
Of the instant lawsuits, 30,295,890 won and its interest shall be April 2019.
Reasons
1. The reasoning for this part of the judgment on the facts of recognition and the cause of claim is that of the judgment of the court of first instance, and thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Judgment on the defense
A. The reasoning for this part of this Court is as follows, excluding the parts used or added as follows, and thus, it is identical to the corresponding part of the judgment of the court of first instance. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
B. On the 7th page of the first instance judgment, the Defendant’s “Defendant” in the 7th page 14, the “Plaintiff” in the 7th page 15, the “Defendant” in the 9th page 6, the “entry in the 9th page 1” shall be deemed to read “Defendant”, and the “this Court” in the 10th page 4 shall be deemed to read “Defendant”, and the “this Court” in the 10th page 4 shall be deemed to read “the first instance court.”
C. The part of the judgment of the court of first instance, i.e., 14 to 11, 7, i.e., "Calculations ................................................................." i.e., when the obligation is due under Article 492, 1
(See Supreme Court Decision 81Meu10 Decided December 22, 1981). The right to claim compensation in lieu of the defect repair under Article 667(2) of the Civil Act exists concurrently with the right to claim remuneration, and thus exists in the beginning to the contractor. The right to claim compensation is generally established at the time of actual loss based on objective and reasonable judgment in light of social norms. Thus, the right to claim compensation in lieu of the defect repair is established at the time when the defect occurred and the repair is required
(see, e.g., Supreme Court Decision 99Da55632, Mar. 10, 2000). Therefore, a contractor’s liability in lieu of defect repairs under Article 667 of the Civil Act is a contractor’s liability with no time limit for performance.