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(영문) 대구지방법원 2015.01.09 2014가합1823

손해배상

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an organization composed of its occupants and users in order to manage 753 units of the instant apartment complex with the 55th ground water dives (hereinafter “instant apartment complex”) in Daegu Suwon-ro, which was the 55th ground water dives, and the Defendant managed the instant apartment complex by the end of January 2013 pursuant to the management contract on the instant apartment complex concluded with the Plaintiff on December 7, 2010 (hereinafter “instant management contract”).

B. On November 11, 2011, Jindo Industrial Co., Ltd. (hereinafter “Gindo Industrial”) concluded a construction contract with the Plaintiff on the instant construction work for the 1-3 defect repair work of the instant apartment complex (hereinafter “instant construction work”), and performed the instant construction work from November 11, 201 to February 18, 2012. On October 17, 2011, the Defendant entered into a construction supervision agreement with the Plaintiff with respect to the instant construction work (hereinafter “instant supervision agreement”) and performed supervision over the instant construction work.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-3, Gap evidence 3, the purport of the whole pleadings

2. The parties' assertion

A. As a result, the Plaintiff incurred damages equivalent to KRW 44,266,568, totaling KRW 12,00,000 of the cost of repairing defects in the relevant part of the construction work and KRW 12,00,000 of the cost of requesting the investigation of defects in the instant construction work. This is an obligation under the instant management contract, which the Defendant complies with the management entity’s duties under the relevant statutes, such as the Housing Act, and Article 55 of the Enforcement Decree of the Housing Act, as a good manager, to manage multi-family housing; to require the contractor designated by the Plaintiff to repair defects; to quarterly check and report the defects in the relevant part; to the Plaintiff; and to report the results of the inspection of defects; and to report the results of the inspection of defects to the Plaintiff in good faith.