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(영문) 서울고등법원 2018.09.21 2016나2076955
손해배상(건)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the subsequent order of payment shall be revoked.

Reasons

(b)reappraisald by appraiser H;

According to the appraisal result of the above appraiser, there is a defect in this case by section, and 53,330,319 won is required for the repair thereof as follows. Among them, the contribution of the construction of this case to the rupture, etc. (part of the defects in Nos. 1, 9 and 5 below) generated in the front red walls and the whole red columns of the building in this case is assessed to be 100%, and the contribution to the remainder of the defect is assessed to be 30%.

When calculating according to the above ratio, 31,054,937 won is required for the remuneration of the part due to the construction of this case among the above defects.

In principle, 1. 4,832,956 30% of the external admission (inwards) 4,832,956 1,49,87 30% of the external admission (inwards) 1,152,891 345,867 34,867 715, 30% of the external admission (inwards) 1,726,53 10,530, 364, 3064, 715, 3025, 306, 3064, 3064, 306, 196, 306, 306, 196, 306, 306, 196, 306, 306, 306, 196, 306, 306, 107, 375, 37637, 376, 3764, 276

However, among the appraisal results by the appraiser H of the court of the first instance, the items 9's "the outside floor of the upper floor of each floor" are related to the cracks generated from the concrete packaging of the outside floor of the instant case, and the said appraiser's repair is related to the cracks generated from the same.

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