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(영문) 서울중앙지방법원 2016.07.13 2013가합86378

손해배상(기)

Text

1. As to KRW 173,090,652 among the Plaintiff and KRW 100,000,100 among them, the Defendant shall pay to the Plaintiff KRW 173,09,652 from December 6, 2013, KRW 73,090,552.

Reasons

1. Basic facts

A. The Plaintiff is a party. 1) The Eunpyeong-gu Seoul Metropolitan Government Apartment Complex A (Lease 100 households, parcelling-out 108 households, hereinafter “instant apartment”).

(2) The Defendant is a project proprietor who constructed and sold the apartment of this case.

3) The Defendant’s supplementary intervenor, Daewoo Construction Co., Ltd., and KS Construction Co., Ltd. are the construction works of the instant apartment upon receiving a joint contract from the Defendant and executing the said construction works. B. The Defendant obtained approval for the use of the instant apartment on May 14, 2008. (c) The Defendant’s supplementary intervenor, when constructing the instant apartment, did not construct the part to be constructed in accordance with the design drawings, or modified the construction or defective construction differently from the design drawings. Accordingly, there were defects such as external walls and internal ruptures, water leakages, etc. on the part of exclusive ownership and common area of the instant apartment.

On December 8, 2009, after the date of pre-use inspection, the Plaintiff continuously requested the Defendant and the Intervenor joining the Defendant to repair various defects arising from the instant apartment after the date of pre-use inspection.

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