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(영문) 서울고등법원 2015.06.25 2014나2046905
손해배상(기)
Text

1. Of the judgment of the court of first instance, Defendant Shin Young-young Co., Ltd. and Korea New-Co., Ltd., including the Plaintiff’s claim extended at the trial.

Reasons

1. The grounds for the court’s explanation on this part are as stated in Paragraph (1) of the reasoning of the judgment of the first instance, except for correcting “the master master of the defendant limited partnership company” as “the master of the joint defendant limited partnership company of the first instance,” as stated in Section 9 of the judgment of the first instance, and “the master of the joint defendant limited partnership company of the first instance, 4,234,040 won” as stated in Section 5 of the 19th page as “the master of the joint defendant limited partnership of the first instance, 4,324,040 won”

The attached Form of the judgment of the court of first instance shall not be deemed attached, and it shall not be separately attached.

2. The plaintiff's assertion

A. In lieu of damages in lieu of defect repair and damages claim due to incomplete performance, the development of medical services, prestigatories, Defendant Il-young, Han-young, the administrator of Han-chul Construction, Hyundai Industrial Development, Hanyang-yang bears the warranty liability under each contract for the defects that occurred in the apartment of this case due to fault in construction to the Plaintiff.

Therefore, the Plaintiff’s damages for nonperformance or non-performance of liability in lieu of the amount calculated according to the ratio of defect repair costs by each construction work in lieu of the amount of damages paid by the Plaintiff to the council of occupants’ representatives in the process of the preceding lawsuit in this case due to mistake in construction work, including 680,691,04 won, 18,378,847 won, attorney’s fees, 11,550,000 won, and 714,943,931 won (i.e., KRW 680,691,040), 18,378,847 won, 50,000 won, 424,040 won (=680,691,040 won) in lieu of the amount calculated according to the ratio of defect repair costs by construction work.

In addition, Defendant Newdong Construction, Manager of Cable Construction, Hovis Construction, and Mine Construction are joint and several suretiess who jointly and severally guaranteed the contractual obligations of each construction project, and they bear the same obligation as each other jointly and severally with each other, and Defendant Construction Mutual Aid Association, Seoul Guarantee, and Electric Construction Mutual Aid Association.

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