(영문) 서울고등법원 2016.10.04 2016나2682 | 리걸엔진

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(영문) 서울고등법원 2016.10.04 2016나2682

하자보수금등

Text

1. Of the judgment of the court of first instance, the part concerning the principal lawsuit shall be modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim).

Reasons

1. The scope of the trial at this court's first instance court's claim for damages equivalent to the defect repair cost and liquidated damages. The defendant filed a counterclaim claiming the unpaid construction cost, the final interest, the overdue interest, and the additional construction cost. The part of the claim for liquidated damages in the main claim was dismissed, a part of the claim for liquidated damages was accepted, and the part of the claim for overdue damages in the counterclaim was dismissed, and the amount of the claim for overdue damages in the counterclaim was cited, and it is evident that the plaintiff and the defendant filed each appeal only against the main claim.

Therefore, it is judged that only the principal claim is subject to the judgment of this court.

2. The reasoning for this part of the lower court’s reasoning is the same as that of “1. Basic Facts” in the judgment of the first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Judgment on the main claim

A. The Plaintiff’s assertion that: (a) the Defendant: (i) the Defendant, while carrying out the instant construction, caused the defects in the instant warehouse due to defective construction, such as ruptures on the floor of the instant warehouse; and (ii) the Plaintiff was obligated to pay damages equivalent to the defect repair cost, 119,559,285 won; and (iii) the period from October 30, 2012, which was the date of completion inspection of the instant warehouse, to December 30, 2012, which was the date of completion inspection of the instant warehouse (i.e., the construction cost of the instant case 3.7 billion won x 1/1000 x 60 days).

However, the Plaintiff seek to the Defendant for the payment of partial KRW 705,955,123 out of the damages equivalent to the above defect repair cost, and the total of KRW 222,000,000,000,000,000,000,000 won and damages for delay.

B. Determination on the part on the claim for damages 1) The evidence and the first instance court appraiser A (hereinafter “appraisal”) prior to the occurrence of the liability for damages.

As a result of the defect appraisal of the court of first instance, the appraiser of the court of first instance, corporation.

참조조문

-민사소송법 제420조

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