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(영문) 서울중앙지방법원 2019.01.25 2017가합576787

손해배상(기)

Text

1. The plaintiff's lawsuit against defendant B, C, D, and E shall be dismissed respectively.

2...

Reasons

1. Basic facts

A. The Plaintiff is an autonomous management organization organized by the occupants of Yeongdeungpo-gu A apartment (hereinafter “instant apartment”) in Suwon-si, Suwon-si, and the Defendant Gyeonggi-do Corporation is the executor of the instant apartment construction and the contractor and the purchaser of the instant apartment, and the Defendant B Co., Ltd. (hereinafter “Defendant C”), the Defendant C Co., Ltd. (hereinafter “Defendant C”), the Defendant D Co., Ltd. (hereinafter “Defendant D”), and the Defendant E Co., Ltd (hereinafter “Defendant E”) (hereinafter “Defendant E”) are the contractors of the instant apartment construction under a contract with the Defendant Gyeonggi-do Corporation.

B. On December 5, 2012, Defendant Gyeonggi-do Si Corporation had undergone a pre-use inspection on the instant apartment.

C. The apartment of this case, due to the error in construction, has not been constructed in the part to be constructed in accordance with the design drawing (approval drawing), or due to the defective construction or the alteration of the design drawing, defects such as rupture, water leakage, and water quality in the section for common use and section for exclusive use of the apartment of this case have occurred. Accordingly, the apartment of this case caused an obstacle to the function, aesthetic view, or safety in the apartment of this case.

At the request of occupants and sectional owners, the Plaintiff continuously requested the Defendant Gyeonggi-do Si Corporation to repair defects that occurred in the apartment of this case after the date of inspection of the apartment of this case.

Accordingly, Defendant Gyeonggi-do Corporation has performed a part of the repair work, but it failed to perform its duty to repair defects properly, such as the repair is not properly performed or the repair is not performed at all, and there still exist defects such as the sum calculation of the repair cost by the period of liability for repairing defects in the apartment of this case and the corresponding part of the attached Table 2 of the sum calculation of the repair cost by the period of liability for repairing defects in the apartment of this case. The repair cost is