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(영문) 서울고등법원 2020.05.29 2019나2046849
하자보수비 등
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The reasoning of the court's explanation of this case is as follows, except for the part as stated in paragraph (2) below, and therefore, it is identical to the reasoning of the judgment of the court of first instance, thereby citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts of the trial of the first instance [Supplementary 091 for official use], [Supplementary 093 for official use], [Supplementary 008 for prior use], and [Supplementary 015 for prior use] shall be written by the following parts:

The difference in the construction cost was calculated as defect repair cost on the ground that the defendant changed the underground parking lot(B1) and constructed the underground parking lot(B1).

① Since the above short-term heat is installed and constructed in a plastic house before the floor is built, it is reasonable to apply the unit price of concrete studio to the standard unit. ② Even if considering the difference in the thickness of the short-term heat, the unit price of labor cost applied by an appraiser is excessively high. As such, the defect repair cost in this part ought to be limited to KRW 31,748,327, the difference in the construction cost according to the method of the installation of short-term heat.

[Dismissal] In full view of the appraiser's appraisal results and the purport of the whole argument, it is recognized that the approval drawings include the construction of the underground parking lot (B1) 150 meters wide, T180 meters thick, but the actual construction thickness is 100 meters wide, T130 meters wide, and the appraiser calculated the cost of repairing defects based on the difference in the construction cost.

The following circumstances are as follows, i.e., ① the appraiser’s appraisal result shall respect the appraiser’s appraisal method as long as there is no obvious fault, such as contrary to the empirical rule or unreasonable, and ② the difference between the construction cost calculated by the appraiser as the defect repair cost and the unit price of labor cost applied therefrom.

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