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(영문) 울산지방법원 2020.08.11 2017가단70740
손해배상(기)
Text

1. The Defendants jointly share KRW 1,899,365 with respect to the Plaintiff and KRW 12% per annum from May 20, 2020 to the date of full payment.

Reasons

1. Basic facts

A. Defendant C Co., Ltd. is a construction company that constructed Class 1 and 2 neighborhood living facilities, business facilities, education and research facilities, and multi-household houses (hereinafter “instant building”) on the 6th floor of Ulsan-gu reinforced concrete structure (refinite concrete roof).

B. On June 13, 2016, Defendant B concluded a supply contract with the Plaintiff to sell the indicated stores with the indication of attached real estate (hereinafter “instant E”).

C. On July 7, 2016, Defendant B completed the registration of ownership transfer on the instant subparagraph E to the Plaintiff.

On October 31, 2016, the Plaintiff leased the instant subparagraph E, the term of lease from February 1, 2017 to January 31, 2019, with the amount of KRW 600,000 per month.

E. On April 10, 2017, Defendant C completed the construction on May 31, 2017, after receiving a report on the fact of water leakage in the instant commercial building, following the detection of water leakage and diagnosis of the cause thereof.

F. During the period from November 28, 2019 to January 23, 2020 during the instant lawsuit, appraiser G confirmed that (i) water flows in H from the inner body of the wall from among the stores on the first floor of the instant building; (ii) water leakage was discovered from the outer surface of the wall; and (iii) water leakage was discovered from the wall surface from the wall surface; and (iv) water pollution was confirmed from a large number of cracks and the wall surface part on the floor of the instant building; and (v) the damage under subparagraph (e) of this case was caused by groundwater, excellent water, etc. flowing in H from among the stores on the first floor of the instant building, and from the adjacent main outer wall and floor leakage number.

G. The cost of repairing the defects in subparagraph (e) of this case is KRW 1,899,365.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 2 and 4, Gap evidence Nos. 1, 3, Eul evidence Nos. 3, the appraiser G's appraisal result, the fact inquiry result about appraiser G, the purport of the whole pleadings

2. The gist of the Plaintiff’s claim is that the Plaintiff and the seller.

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