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(영문) 서울중앙지방법원 2018.01.10 2017가합542487

손해배상(기)

Text

1. The Defendants are jointly and severally liable to the Plaintiff for payment of KRW 66,259,529 as well as the period from June 30, 2017 to January 10, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a project undertaker who newly built and sold an apartment complex of Eunpyeong New Town 6 complex (lease 100 households, sale 108 households, and sale hereinafter “instant apartment complex”) located in Eunpyeong-gu Seoul Metropolitan Government 4-ro 87.

The Defendants are the contractor who jointly contracted and performed the construction work of the apartment of this case from the Plaintiff.

B. On April 18, 2005, the Plaintiff entered into a contract for construction works with the Defendants, which form a joint supply and demand organization with the method of joint performance, and the Defendants entered into a contract for construction works (hereinafter “instant contract”). The Defendants concluded a contract for construction works (hereinafter “instant contract”) with the Defendants to undertake construction works for an apartment of Eunpyeong New Town 1 District, including the instant apartment, with the construction cost of KRW 163,198,849,60, construction period, and construction period from April 18, 2005 to June 6, 2007 (hereinafter “instant construction works”).

Since then, the defendants performed and completed the construction work of this case.

C. On May 14, 2008, the Plaintiff obtained the approval for use of the instant apartment and the approval for use of defects.

The Defendants constructed the instant apartment, and did not construct the part to be constructed in accordance with the design drawing, or modified construction or performed defective construction differently from the design drawing. Even after the Defendants’ repair work, there exist defects such as the defect in the section for common use of the instant apartment, such as the defect repair summary sheet in the attached Table 1, and the section for exclusive use, such as the defect repair summary sheet in the attached Table 2, in the section for exclusive use.

The council of occupants' representatives (hereinafter referred to as the "council of occupants' representatives of this case") constituted for the management of the apartment of this case, such as prior lawsuit between the Plaintiff and the instant council of apartment units, shall acquire damage claims from 105 households among the sectional owners of the apartment units, and shall repair the defects against the Plaintiff on November 27, 2013 by Seoul Central District Court 2013Ga90247.