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(영문) 서울고등법원 2019.05.22 2018나2054348
손해배상(기)
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The plaintiff's claim extended by this court is dismissed.

3...

Reasons

1. The reasoning of the judgment of the court of first instance excluding the conclusion among the reasons for the entry with respect to this case is as stated in the reasoning of the judgment of the court of first instance (including the attached Table) in addition to the addition or dismissal as set forth in paragraph (2) below, thereby citing this as it is in accordance with Article 420 of the Civil Procedure Act.

2. In addition, the part of the first instance court's decision, No. 2, No. 11, which this Court explains, “In Mancheon-dong, Nam-gu, I” shall read “In Mancheon-gu, Nam-gu, I.

Once the judgment of the first instance court is rendered, the following shall be added between the second and third.

“The Plaintiff, after the appraisal by the court of first instance, had a waterproof construction on the rooftop of the instant building after the appraisal of the first instance court, still caused water leakage. Ultimately, the Plaintiff spent KRW 50,600,00 of the construction cost (i.e., value-added tax of KRW 46,00,000 of the construction cost) by executing the rooftop waterproof construction through J Co., Ltd., and thus, the Defendant is liable for additional damages equivalent to the defect repair in the construction cost. However, as seen earlier, the Plaintiff already determined as the defect in the instant building, and the water leakage continues to occur even after the rooftop waterproof construction implemented by the Plaintiff, which is not the Defendant’s construction fault. Even if this part is recognized as additional defect, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that this part is equivalent to KRW 56,600,00 of the construction cost and KRW 4,600,000 of the building cost. Accordingly, the Plaintiff’s assertion is not acceptable as follows.

In addition, the defendant is a constructor who has registered the construction business, and this case from the plaintiff.

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