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(영문) 서울고등법원 2017.05.25 2016나2089944
손해배상(건)
Text

1. Of the judgment of the court of first instance, Defendant B&S (hereinafter “Defendant B&S”) corresponding to the following amount ordered to pay.

Reasons

1. The reasoning of this part of the judgment of the court of first instance is as follows, and this part of the reasoning of the judgment is identical to that of the corresponding part, and thus, it shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

【The part cited by Defendant Kudong Construction Co., Ltd. and Defendant D’s entire “Defendant Kudong Construction Co., Ltd. and Co., Ltd. of the first instance trial,” and “Co., Ltd. of the first instance trial, Co., Ltd., and Co., Ltd. of the first instance trial” (hereinafter the same shall apply). The matters referred to as

[Grounds for recognition] He shall be subject to the following acts: “In fact that there is no dispute, Gap 1 through 11 (if there is a serial number, including each number; hereinafter the same shall apply), Eul 2 through 5, and the purport of the whole pleadings.”

2. Claim regarding the construction work of the Section 1.

A. The reasoning of the judgment of the court of first instance on this part of the claim against the defendant Dae B&S and Han New Co-operation is as follows.

A. (1) Except as mentioned below, the aforementioned part is the same as indicated above, and thus, it shall be quoted pursuant to the main sentence of Article 420 of the Civil Procedure Act. The part 16th part of the 16th part of the 16th part of the 16th part of the 19th part of the 19th part of the 19th part of the 16th part of the 19th part of the 16th part of the 19th part of the 19th part

However, the subject matter of the instant prior suit is the damage claim in lieu of the defect repair under Article 9 of the Act on the Ownership and Management of Aggregate Buildings, which the council of occupants' representatives acquired from the sectional owners. The subject matter of the instant lawsuit is different from the damage claim in lieu of the defect repair under the construction contract of the instant Section 1 against the said Defendants, the contractor and the joint guarantor of the Plaintiff who are the subcontractor

The plaintiff is the defendant as to the construction work of the Section 1 of this case, regardless of the assignment ratio of claims to the council of occupants' representatives of this case.

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