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(영문) 서울중앙지방법원 2018.12.20 2016가합22146

손해배상(기)

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,341,114,162 and KRW 500,00,000 among them, from December 23, 2017.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a public rental apartment building A (hereinafter “instant apartment”) located in Yeongdeungpo-gu, Young-gu, Young-gu.

(2) Defendant C Co., Ltd. (hereinafter “Defendant C”) carried out the business of newly constructing and leasing the instant apartment, and Defendant B Co., Ltd. (hereinafter “Defendant B”) succeeded to the status of rental business entity regarding the instant apartment as a corporation newly incorporated by spin-off on December 30, 2009, for which Defendant C’s rental housing business sector was split-off.

B. On October 30, 2009, the instant apartment was approved for use on October 30, 2009, and thereafter, the occupants of the public rental apartment moved into the instant apartment from November 2009 and constituted the Plaintiff, an autonomous organization, as the Plaintiff. 2) On the instant apartment, there were defects such as rupture, water leakage, etc. in the public and exclusive areas of use by constructing the instant apartment, not constructing the parts to be constructed in accordance with the design drawing, or constructing it in a defective manner different from the design drawing, or constructing it in a defective way differently from the design drawing, and the Plaintiff continuously demanded the repair from the Defendant Corporation.

3) Although the Defendants intended to repair some defects, the apartment of this case still has the same defects as indicated in each corresponding column of the separate sheet of calculation of expenses for repairing defects, and in order to repair the apartment of this case, the expenses of the same amount as indicated in the comprehensive statement are required under the premise that the partial seal is affixed after the rupture of the outer wall (where the appraiser correctss or alters the errors through the result of the original appraisal and the result of the supplementary appraisal, the calculation was made by reflecting the decision of this court on the result of the correction or supplementation

1) Classification (unit: 923,960, 370, 100, 100, 387.