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(영문) 창원지방법원 2017.01.19 2016가합52852

손해배상(기)

Text

1. The Plaintiff:

A. From March 15, 2016 to August 23, 2016, Defendant Effective Construction Co., Ltd.: (a) KRW 203,941,067 and its amount.

Reasons

1. Basic facts

A. The plaintiff is a party to the dispute 1) The plaintiff is a ground-based large-scale apartment on the 21st ground, Yongsan-gu, Changwon-si, Changwon-si Masan-si 15-ro (hereinafter "the apartment of this case").

(2) The Defendant Thai Construction Industry Co., Ltd. (hereinafter “Defendant Thai Construction”) and the Defendant Promotion Company Co., Ltd. (hereinafter “Defendant Promotion Company”) were awarded a contract from the Plaintiff for the part of the new apartment construction of this case (hereinafter “this case’s first contract”). The Defendant Thai Construction Co., Ltd. (hereinafter “Defendant Thai Construction”) jointly and severally guaranteed the obligation under the first contract of the Defendant Thai Construction and Promotion Company.

3) Defendant Poco Engineering Co., Ltd. (hereinafter “Defendant Poco Engineering”)

2) The Plaintiff entered into a contract with the Plaintiff for landscaping among the new construction works of the instant apartment (hereinafter “the instant contract”).

B) Construction was completed. (B) The apartment of this case, which had been inspected on July 2, 2004 between the Plaintiff and the council of occupants’ representatives, began to move into the apartment of this case from the time of the pre-use inspection. The common areas and the sections of exclusive ownership of the apartment of this case caused any defect that may hinder the function, aesthetic or safety due to the non-construction, defective construction, alteration construction, etc.

2) The council of occupants' representatives of the apartment units in the representative city and the council of occupants' representatives of the apartment units in this case

(2) On June 26, 2014, the Plaintiff filed a lawsuit seeking damages against the Plaintiff by taking over the damages claim in lieu of the defect repair against the Plaintiff from the 225 households sectional owners (the ratio of the area of the exclusive ownership to 81.54%) among the 275 households of the instant apartment units (hereinafter “instant prior lawsuit”).

(3) On August 13, 2014, the Plaintiff filed a lawsuit for the commencement of each type of work, including the Defendants, while continuing the instant prior suit.