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(영문) 대구지방법원 2019.08.29 2018가단24421

손해배상(기)

Text

1. The Defendants are jointly listed in [Attachment 2] Claim Amount Calculation Table No. 1 to 821.

Reasons

1. Basic facts

A. The Plaintiffs are co-owners of the Daegu Seo-gu E apartment (five Dong, 767 households, and hereinafter “instant apartment”).

The plaintiffs' sections for exclusive use are as shown in the attached Form 2 "Dong" and "Shoman" in the attached Form 1 to 821.

Defendant A (hereinafter “Defendant A”) is an executor of the instant apartment, and Defendant B (hereinafter “Defendant B”) and Defendant C Co., Ltd. (hereinafter “Defendant C”) are joint contractors of the instant apartment.

B. Defendant A obtained approval for the use of the instant apartment on May 16, 2006, and undergone a pre-use inspection on May 10, 2013.

C. On June 201 through July 7, 2011, the Defendants agreed to conclude a supply contract on the apartment of this case with the seller that “any defect in the construction of the apartment of this case shall be liable for the repair under the Enforcement Decree of the Housing Act.”

A septic tank shall be installed in the front of the Fdong and the rear side of the Gdong and the commercial building of the instant apartment (hereinafter referred to as “Fdong septic tank” and “the second septic tank”). On April 17, 2015, around 01:00, the sewage of Article 1 septic tank was exceeded, and the water was distributed to the first floor above the Fdong underground and the second floor above the underground level.

(hereinafter “instant primary accident”). At the time of finding that water leakage occurred on the side of the council of occupants’ representatives of the instant apartment, the water of Article 1 septic was coming up to approximately 1.5 meters above the highest point of the pumps monitoring circuit (the warning issuing point).

Due to the leakage of the above septic tank, electric facilities in the direction of the entrance entrance of the F2, 3 elevator of the apartment of this case were flooded.

E. The council of occupants’ representatives of the instant apartment and the Defendant B, even though the water of the septic tank was high-level as a result of a field investigation on April 29, 2015, are alerted at the automatic control device under Articles 1 and 2 of the instant apartment.

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