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Reasons
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(영문) 부산고등법원 2019.09.26 2018나50225
하자보수에 갈음하는 손해배상 등
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1. The judgment of the court of first instance is modified as follows.

Defendant B Co., Ltd. 1,201,946,405 won and its amount.

Reasons

1. The reasons for this part of the basic facts are as follows: (a) the reasoning of the judgment of the court of first instance is the same as that of the relevant part of the grounds for the judgment of the court of first instance; and (b)

2. Determination on the claim for damages in lieu of the defect repair against Defendant B, and on the claim against Defendant Housing and Urban Guarantee Corporation

A. According to the above recognition of liability for damages in lieu of defect repair, Gap evidence Nos. 9, the appraisal result of the first instance court appraiser H, the result of each appraisal request of the first instance court appraiser H, the result of fact inquiry of the first instance court and the first instance court appraiser H about the construction of the building in this case, the defendant Eul did not construct the part to be constructed in accordance with the design drawings in the construction of the building in this case, or changed the construction differently from the design drawings, thereby causing defects such as water leakage and ruptures in the section for common use and section for exclusive use of the building in this case. Accordingly, the plaintiff requested the defect repair construction of the building in this case at the request of the occupants or sectional owners of the building in this case, and although the defendant Eul repaired some defects, it still remains to be acknowledged that the defect repair portion and section for exclusive use of the building in this case are not included in the defect repair list as shown in the attached Table Nos. 1 and the defect repair description as stated in the attached Table Nos. 1 (excluding the defect repair portion in this case).

Details of the cost of repairing defects (unit: unit) shall be 15,683,818, 397, 798, 364 12,045,70224, 461, 3110,596,03,03,03 of the 15,683,818, 397, 364, 12,045, 70224, 461, 310,596,003.

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