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(영문) 서울중앙지방법원 2016.07.20 2012가합65893

손해배상(기) 등

Text

1. Defendant Machid Co., Ltd. shall pay to the Plaintiff KRW 49,348,058 and its amount from August 23, 2012 to August 23, 2016.

Reasons

1. Basic facts

A. Status 1) The Plaintiff is a party A in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant building”).

2) The instant building is a principal complex building consisting of a commercial building (24 stores) and an officetel (101 Dong, 102 Dong, 102 Dong) from the first to the second floor above ground to the second floor above ground.

3) Defendant Machid is a project proprietor who constructed and sold the instant building, and Defendant Machid is the contractor who performed the said construction upon receiving a contract for the construction of the instant building from Defendant Machid. The use approval of the instant building was granted on November 21, 2007 by Defendant Machid. C. Defendant Machid Co., Ltd did not construct the instant building in accordance with the design drawings, or altered or defective construction or defective construction was conducted differently from the design drawings in constructing the instant building. As a result, there was any defect, such as the outer wall, internal rupture, water leakage, etc., in the section for exclusive use and common use of the instant building.

After the pre-use inspection, the Plaintiff entered the section for common use in 3,048, 261, 261, 575, 206, 38, 602, 8334, 531 5,151, 794, 322, 968, 945, 593 sections for exclusive use 9,675, 3170, 797 146,0629, 92, 176 combined 3,048, 26131, 250, 738, 730, 6390, 5394, 794, 522, 837, 9637, 979 and 5937, 176) in the aggregate of the expenses incurred by the sectional owners of the above section for common use and the expenses incurred by the sectional owners of the above section for common use in lieu of the defect warranty.