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(영문) 서울고등법원 2018.04.13 2017나2059926
손해배상(기)
Text

1. Of the judgment of the court of first instance, Defendant Sungchip ordering payment in excess of the amount below ordering payment.

Reasons

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, citing it by the main text of Article 420 of the Civil Procedure Act.

2. Determination on the occurrence and repair of defects

A. The reasons why this court should explain about this part of the existing pipelines in the construction of parking lots, utility tunnels, underground, and water supply and water supply pipes for entrance feet (attached table Nos. 1) are as follows: "The defendant ordered the third site site removal of parking lots, utility tunnels, underground, and water supply and water supply pipes for entrance feet in the third site site of the court of first instance only for the part required for the replacement work. The above part of the judgment of the court of first instance (as the removal of the above existing pipelines is not necessary for the replacement work, it is possible to remove the existing pipelines in the construction for the replacement of old pipes, and if it is not clearly excluded from the removal object, it is reasonable to view that the above part of the judgment falls under the part necessary for the replacement work (as the above site site is stated in the same paragraph as the part of the judgment of the court of first instance and the part of the final judgment of the court of first instance, Article 5-25 of the Civil Procedure Act)."

B. 1) Since the site site descriptions and specifications on the plaintiff's assertion that the water supply and water supply pipes of not less than 125A (not less than 3 meters in thickness) have been altered from the vicinity of the second floor to the adjoining of the first floor, the site descriptions and specifications provide that at least 125A diameters shall be constructed with the second floor adjoining to the second floor, the part of the alteration and construction of pipes of not less than 125A diameters to the second floor adjoining to the second floor constitutes defects. 2) The defendant Sungdof franchise is the adjoining part of the water supply and water supply pipes of not less than 125A diameters to the second floor (1Pass adjoining to the second floor).

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