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(영문) 서울중앙지방법원 2016.01.27 2015가합545048

손해배상

Text

1. The Plaintiff:

A. Defendant mountain mountain field Construction Industry Co., Ltd. is 200,000,000 won out of the amount of KRW 206,802,833 and the above amount.

Reasons

The summary of the case is the case where the Plaintiff, who is the contractor, sought damages in lieu of defect repairs against the Defendant Han River Construction Industry Co., Ltd. (hereinafter referred to as the “Defendant Han River Construction Co., Ltd.”), the contractor of the construction work, and Defendant Il River Construction Co., Ltd. (hereinafter referred to as the “Defendant Il River”).

The plaintiff, who entered into a contract on the premise of fact, is a project operator who newly constructs and parcels out 13 apartment units of Gangdong-gu, Gangdong-gu, Seoul Metropolitan Government 97-ro 20, and 694 apartment units of 13 units of 694 units of 224 households of 224 households of sale.

On February 5, 2008, the Plaintiff entered into a contract on the landscaping construction of the apartment of this case, after the lapse of February 5, 2008, with respect to the construction of the apartment of this case, which constituted joint contractors around 2006.

As a result of the prior suit, the apartment of this case was occupied by the buyer from March 19, 2009 after undergoing a pre-use inspection. Around that time, the Plaintiff’s new construction of the apartment of this case through the Defendants, etc., the defects occurred in the section for common use and section for exclusive use after the pre-use inspection of the apartment of this case, by failing to construct the part to be constructed in accordance with the design drawing, or by modifying or constructing

The council of occupants' representatives, which is an autonomous management organization organized by the occupants of the apartment of this case, has taken over the damages claim in lieu of the defect repair against the plaintiff from the sectional owners of 216 households (37.53% of the area of the exclusive ownership), among the total 224 households of the apartment of this case, and filed a lawsuit against the plaintiff on March 3, 2014 as Seoul Central District Court 2014Gahap1593.

In the above litigation procedure, the Plaintiff (the Defendant of a prior lawsuit) filed a notice of lawsuit with the Defendants on June 20, 2014, and delivered the notice to the Defendants on June 25, 2014.

On August 12, 2015, the above court held the Plaintiff’s liability ratio of 80%.