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(영문) 서울고등법원 2018.05.23 2017나2035982
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Defendant.

Reasons

1. As to this case, this Court's reasoning is the same as the reasoning of the judgment of the first instance except for partial dismissal as follows. Thus, this Court's reasoning is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Each appraiser shall be referred to as "appraisal of the first instance trial", and each "this court" shall be referred to as "court of the first instance".

The "five times over three times" in Part 4 of the decision of the first instance court shall be raised to "three times".

In the fourth page of the judgment of the first instance court, " April 20, 2016" shall be construed as " November 13, 2015," and " July 18, 2016," respectively, as " July 8, 2016."

Part 3, 8 through 12, and 15 of the 6th to 11th of the judgment of the first instance (the 3, 8 through 12, and 15 inserted in Section 2-b of the reasoning of the judgment of the first instance) is as follows.

It is unreasonable to determine whether the defect arises solely based on the thickness standards without any material as to whether the failure to perform the functions due to the failure to prevent the difference in the double-proof thickness of the 3 liquid waterproof thickness items [public 136] construction of waterproofd Works on the ground of underground parking lots and the walls of their affiliated rooms [electric 11-1] balconys, the bathing room floor waterproof construction work [electric 11-2] double-household bathing rooms, and the waterproof construction work on the floor of the bathing room [electric 11-2] double-household bathing rooms, without any material. Even if it is deemed a domestic defect, the labor cost for cement flood control is not related to the thickness, so the labor cost in calculating the difference in the construction cost is not related to the thickness, so labor cost should be excluded in calculating the difference in the construction cost. In relation to the defect repair cost of the [11-1] part of the balcony floor of the household, the difference in the construction cost should be excluded.

In determining the defects of liquid waterproof on the basis of deletion of thickness standards and performance standards, the thickness of liquid waterproof is not always considered in determining the defects of liquid waterproofing, and it cannot be viewed that the thickness and waterproof performance of liquid waterproof layer are necessarily proportional, but at least normal.

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