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(영문) 서울중앙지방법원 2017.11.29 2016가합511400

손해배상(기)

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a party to the dispute. The Plaintiff is an apartment of the Dongbublet-5 apartment of the Dongbublet-gu 214, the new salary-based 214, and the Dongbublet-6 apartment of the Dongbublet-gu 216 (hereinafter “the apartment of this case”).

(2) The Defendants are companies that built and sold the instant apartment (hereinafter referred to as the “instant apartment construction”) and performed supervision over the instant apartment construction project.

B. 1) On January 18, 2008, the Plaintiff entered into a supervision service contract with the Defendant, the Postal Vbig Engineering and Construction-Related Firm (former trade name: the Postal Office Engineering Firm, the Postal Office, and the Postal Plux (hereinafter “Postal Plux”).

As regards the construction, civil engineering, and mechanical parts of the instant construction works, the instant construction works entered into a supervision service contract with the following contents:

2. The scope of supervisory duties performed by a supervisor shall apply to the implementation of supervisory duties of housing construction works after obtaining approval for a project plan under Article 16 of the Housing Act;

Provided, That this shall not apply to projects under supervision by individual Acts and subordinate statutes, such as fire-fighting statutes.

3. Consulting engineers shall, in performing the supervisory duties of construction works, guide them to confirm whether respective fields of civil engineering, soil protection and measurement, construction, and machinery and equipment are constructed in conformity with the relevant Acts and subordinate statutes in accordance with the design documents and the contract for construction, and conduct the supervisory duties by the time the inspection completion certificate of construction of the object of supervision is issued;

4. The supervisory duties to be performed by a supervisor other than those prescribed in paragraph (1) shall be as follows:

The subject matter of supervision (building) shall be directed and inspected so that it can be constructed in compliance with the relevant Acts and subordinate statutes and design documents, and the result thereof shall be reported periodically to the plaintiff and completed (construction).

(c) At the time of filing an application for construction commencement report, interim inspection application, preliminary confirmation, application for usage inspection, confirmation of completed books, and review (liability for damage) parties to the contract shall be subject to this paragraph.