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(영문) 서울중앙지방법원 2016.09.21 2013가합41160

양수금

Text

1. As to the Plaintiff KRW 303,335,095 and KRW 101,00,00 among them, the Defendant shall pay to the Plaintiff KRW 303,35,095 from June 4, 2013, and KRW 202,335,095.

Reasons

1. Basic facts

A. Party status 1) The Plaintiff is an apartment complex of Eunpyeong New Town Village 14 (13 Dong-dong 300 households, hereinafter “instant apartment complex”) located in Eunpyeong-gu Seoul, Eunpyeong-gu 4-ro 48-51.

(2) The Defendant is a project proprietor who constructed and sold the instant apartment, and the Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) is a contractor who performed the said construction work upon receiving a contract from the Defendant for the instant apartment construction work.

B. The Defendant obtained the approval of the use of the apartment of this case on June 14, 2008.

C. 1) The intervenor constructed the apartment in this case, and did not construct the part to be constructed in accordance with the design drawing, or modified construction or defective construction differently from the design drawing. Accordingly, there were defects such as external walls, internal heat, water leakage, etc. to the section for exclusive use and section for common use of the apartment in this case. Upon the request of the occupants or sectional owners, the plaintiff continuously requested repair from the defendant and the intervenors. 2) Even after the date of inspection of use, the repair work was partially performed by the intervenor, but the repair work was not completely performed, there still remains defects such as the sum table by the defect list by the section for exclusive use and section for common use in this case, and the sum of the expenses necessary for repairing the said defects are as shown in the table below.

After the sectional pre-use inspection, 100,284, 294, 8,05, 685, 253, 014, 857, 9315, 367, 637, 637, 637, 694, 970, 816203,94,054 common areas 43,2223,169,320, 2120, 79, 628, 3514, 47,058, 2535, 2545, which was the 10-year section of exclusive use for the 10-year period from the 2-year 5-year 10-year 5th 5th 5th 10 year