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(영문) 창원지방법원 2018.01.25 2016가단69

손해배상(기)

Text

1. The Defendant’s KRW 11,113,264 to the Plaintiffs and 6% per annum from September 12, 2017 to January 25, 2018.

Reasons

1. Basic facts

A. 1) The Plaintiffs, including the parties, are Changwon-si, Jindo Co., Ltd. D (hereinafter “instant building”) which is a five-story collective housing of the sloping roof of reinforced concrete C ground structure in Changwon-si.

(1) At the time of construction, the Plaintiffs are owners at the time of construction. The Plaintiffs are integrated owners of effective forest construction (hereinafter “comprehensive owners of effective forest construction”).

B) As to the construction of the building, the Defendant entered into a contract for the construction of the said building. (2) On May 18, 2012, the construction of the machinery among the new construction works described in paragraph (1) (hereinafter “instant construction”).

(B) The construction cost of the instant building was determined as KRW 68,00,000 and subcontracted from the Felim Integrated Construction. At the time of the said subcontract, “B (Defendant) shall assume all the responsibility for defects after the completion of the construction (Article 8 of the subcontract). (b) The instant building was completed on April 25, 2013.

On April 30, 2013, the Defendant issued an electronic tax invoice of KRW 90,000,000 for the construction price to the Felim Integrated Construction. On May 6, 2013, the Defendant received KRW 90,000,000 in total from Felim Integrated Construction.

2) The instant building constitutes a partitioned building composed of 12 households (Nos. 201, 202, 203, 204, 301, 302, 303, 304, 401, 402, 501, and 502). The Plaintiffs, co-owner of the instant building, completed registration of initial ownership as to each of the above units, with shares of 1/2 as to each of the above units. (c) On June 21, 2013, the construction of enzy forest integrated (i.e., removal of malodor from the toilets of 203, 502, 204, 301, 301, 302, 301, 301, 401, 402, 402, 303, 30, 30, 30, 30, 30, 30, 30, 30, etc.

2. On January 18, 2015, the representative E of the occupants of the instant building requests the Defendant to repair the defects of the instant building.