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(영문) 대법원 2015.05.29 2015다5705
하자보수비
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiffs and the Intervenor succeeding to the Plaintiff.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, on the grounds as indicated in its reasoning, the lower court determined that the difference between exchange value and exchange value in the case of constructing the instant apartment without any defect and the present condition of the defect constituted ordinary damages caused by the defect in the construction cost and the construction cost in the case of constructing the instant apartment without any defect.

The judgment below

Examining the reasoning of the record in light of the record, there is no error of law by misapprehending the legal principle on the standard of calculating damages or by failing to exhaust all necessary deliberations.

2. As to the ground of appeal No. 2, the lower court acknowledged the difference between the construction cost and the construction cost in the defective condition when the instant multi-family housing was constructed without any defects, by comprehensively taking into account the description of the evidence No. 1 and the purport of the entire pleadings.

The allegation in this part of the grounds of appeal is not a legitimate ground of appeal, since it contests the selection of evidence and fact-finding which belong to the exclusive jurisdiction of the lower court.

3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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