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(영문) 서울고등법원 2017.06.23 2016나2072946
하자보수에 갈음하는 손해배상 등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is identical to that of the judgment of the court of first instance, except for dismissal or additional determination as follows. Thus, it is acceptable to accept this as it is by the main sentence of Article 420 of the Civil Procedure Act

2. Parts and additional judgments

A. The judgment of the court of first instance on the sole ground that the judgment is in motion is in 3-C.

3) The part of the claim that the retirement mutual-aid installment should be deducted from the defect repair cost, Article 5-2(2) of the former Enforcement Decree of the Framework Act on the Construction Industry, Article 83(1)2 of the former Enforcement Decree of the Framework Act on the Construction Industry, Article 83 of the former Enforcement Decree of the Framework Act on the Construction Industry, Article 83(1)2 of the former Enforcement Decree of the Act on the Construction Industry, Article 83(2) of the former Enforcement Decree of the Act on the Construction Industry, Article 83(1)2 of the former Enforcement Decree of the Framework Act on the Construction Industry provides that “The part concerning Defendant B’s insolvency and non-exercise of rights, and Article 5-3(3) of the Act on the Establishment and scope of subrogation claims, and Article 5-4(d) of the latter.”

The amount of compensation in lieu of the defect repair includes at least the cost of the defect repair (cost of the defect repair), and the amount equivalent to the cost of the relevant defect repair is generally necessary for the defect repair and is not the cost of the construction work that the contractor or contractor can individually procure, but the cost of the construction work and the unit price of the government wage.

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