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(영문) 대전고등법원 2019.08.14 2018나15107
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. The reasoning for this part of the basic facts is as follows, except for the addition or modification as follows, and therefore, it is identical to the corresponding part of the judgment of the court of first instance. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure

In the second sentence of the judgment of the first instance, "4,784,659,00 won" shall be added to "(including value-added tax)" in the second sentence.

In the second sentence of the first instance judgment, "200 million won" shall be added to "(excluding value-added tax)" after the second sentence of the first instance judgment.

Part 3 of the judgment of the court of first instance is replaced by "value-added tax" of Part 2.

Part 3 of the judgment of the first instance is replaced by "Class 1, 2, and 3" in Part 4.

On June 2017, No. 3 of the first instance judgment, “Around June 2017, Defendant B transferred the claim of KRW 400 million unpaid out of the construction price of the instant case to E (hereinafter “transfer of claim”), and on July 18, 2017, notified the Plaintiff of the instant transfer of claim.”

Part 3 of the judgment of the court of first instance is replaced by 16 "including household numbers".

2. Determination on the cause of the claim

A. The Plaintiff’s allegation that the cost of repairing defects of the instant building is KRW 234,665,344.

Since the Plaintiff did not pay KRW 152,074,619 out of the instant construction cost, the Plaintiff sought payment of the remainder repair cost of KRW 82,590,725 (=234,665,344 - 152,074,619) and damages for delay after deducting the unpaid construction cost from the Defendants.

B. According to the purport of Gap evidence No. 14 and the whole arguments, there are three defects in the attached Table No. 14, three columns of the first floor, two columns of the second floor of the ground, two columns of the fourth floor of the ground, four columns of the roof, four beams of the total indoor forces, four beams of the roof, and four beams of the roof, and 234,665,34 won = The defendants of the attached Table No. 191,765,344 should calculate the defect repair cost according to the unit price of the contract of this case, not the standard unit price of the attached Table, but the defect repair work.

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