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(영문) 서울고등법원 2015.01.16 2014나2007887
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The appeal shall be borne by the defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court’s explanation as to this case is as stated in the reasoning of the judgment of the first instance except where the defendant added a new judgment as to the new argument at the trial as set forth in the following 2. Thus, it is decided to accept this by the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on new arguments made by the Defendant in the trial room

A. The Defendant’s assertion appraiser E did not properly investigate the cause of ground subsidence and the crackion of the floor of the instant land. Moreover, it distorted the result of appraisal by preparing an appraisal report by reflecting only a part of the survey data. In addition, the Defendant’s assertion appraiser E committed errors in the method of construction for the ground subsidence of the instant land and the method of calculating the cost of reinforcement for the crack repair of the ground subsidence and the floor of the building.

Therefore, the appraisal result of appraiser E cannot be trusted at all.

Furthermore, recognition of appraisal results

Even if the crack of the front floor of the instant building, which is irrelevant to the instant construction project, should be excluded from the Defendant’s responsibility, as well as the natural aging of the instant building and the installation of soil gates (CIP) for the development of the Cheongho Industrial Development prior to the instant construction project, should be excluded from the Defendant’s responsibility.

B. As a result of the appraiser E’s appraisal, in order to investigate the ground subsidence of the building of this case and the causes of slver heat, appraiser E shall comprehensively evaluate the following: ① the ground investigation of the land at the construction site of this case, the design data and measurement data related to the construction of this case (ground slope system, groundwater slope scheme, building slope system, but team transformation rate) analysis; and the ground subsidence and slver condition through coination of 20 slved floor of the slves floor, and the comprehensive evaluation thereof.

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