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(영문) 서울중앙지방법원 2018.03.29 2016가단5285365

손해배상(기)

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. All the costs of lawsuit are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A and B are married couple, and they are residents of the Gangnam-gu Seoul Metropolitan Government F apartment 410 Dong 702 (hereinafter “Plaintiffs’ housing”), and Plaintiff A are the owners of the Plaintiffs’ apartment.

B. Defendant C and D are married couple, and they are residents of 410 Dong-dong 802, the upper floor of the Plaintiffs’ housing (hereinafter “Defendants’ housing”) and co-owners of the Defendants’ housing after June 28, 2013 (Defendant C3/4 shares, Defendant D1/4 shares).

C. From October 2013 to November 30, 2013, Defendant C and D entered into a contract with Defendant E with respect to the Defendants’ housing with respect to the term of construction, construction works, removal works, wooding works, painting works, floor construction, and painting works, etc., and Defendant E entered into a contract with respect to the Defendants’ housing. Since then, Defendant E performed interior works for the Defendants’ housing.

After the interior construction for the Defendants’ housing was conducted, the Plaintiffs demanded Defendant E to perform construction works that caused damage to the toilets, etc. adjacent to the living room of the Plaintiffs’ housing. Defendant E, in the presence of Plaintiff D as of January 6, 2014, prepared and issued a written confirmation including the following:

1. No later than as soon as possible, damage to toilets, etc. shall be restored to their original state before the work.

1. The equipment and materials to be used for the Corporation shall be selected by the victim through mutual consultation;

1. After the above restoration works, the repair of the defects and the additional damages arising from the following floor (401 602 dong 602) shall be liable and liable to Defendant E.

1.Other additional matters shall be conducted in consultation with each other.

E. From January 2014, Defendant E around January 1, 2014, Defendant E performed design construction for the walls and floors of the toilets, living rooms, and kitchen kitchenss of the Plaintiffs’ housing.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 23, the purport of the whole pleadings

2. The plaintiffs' claim for damages caused by tort related to the interior works against the defendants.