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(영문) 인천지방법원 2020.08.14 2017가합59566

손해배상(기)

Text

1. The Defendant’s KRW 435,638,022 as well as the Plaintiff’s annual rate of KRW 5% from October 27, 2017 to August 14, 2020.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a party to the instant apartment complex 587 units, 6 A apartment units, 587 units, 587 units (271 units, among those units, D, E, F, 271 units), and its ancillary facilities (hereinafter “instant apartment”).

(2) The Defendant is a project undertaker who sold the above apartment around February 2013, and the Intervenor joining the Defendant is the construction work of the apartment in this case.

B. On October 15, 2014, the said apartment building was inspected on the inspection of the use on the part of October 15, 2014, and was delivered to the buyer around that time. 2) In the process of constructing the said apartment, the Defendant failed to construct the part to be built in accordance with the design drawings, or caused a defect such as rupture, water leakage, etc. in the said apartment building’s section for common use and section for exclusive use by constructing it differently from the design drawings, or in a defective way, and there was an obstacle to its function, safety

3) Accordingly, the Plaintiff requested the Defendant and the Intervenor to repair the defects that occurred in the above apartment. While the Defendant partially repaired the defects, the above apartment still remains as indicated in the summary sheet by the defect list by the section for common use and the summary sheet by the section for exclusive use by the defect list by the section for exclusive use under attached Table 2. The repair costs were as indicated in the comprehensive table for the defect repair under the following subparagraphs (the defect repair costs were calculated based on the partial specifications, and all the items of the lower judgment as to whether the defects were included, were reflected in the arguments by the Defendant

(i) [General aggregate sheet of repair expenses] (unit: 40,287, 192 44,852, 194, 619, 504, 666, 508, 678, 4324, 845, 578, 680, 872, 217, 217, 101, 636394, 131, 916 exclusive portion 916, 91637,537, 02063,565,567,565,57, 257, 257, 194, 1964, 1364, 137, 165, 1963, 194, 205, 196, 196, 196, 1964, 257, 2464, 275