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(영문) 수원지방법원 2015.10.16 2014나13379
구상금
Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) that exceeds the following order for payment.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 26, 2008, the Plaintiff was the council of occupants' representatives comprised of the occupants of the 358-1 Samho-dong apartment (hereinafter "the apartment of this case"). On September 26, 2008, the Plaintiff entered into a construction contract with the Defendant on the construction cost of the apartment of this case at KRW 110,00,00 with regard to the rooftop waterproof of the apartment of this case, painting-type painting, window-stamp-stamping, maintenance and repair of the underground parking lot, and the installation work of the parking lot re-stamper repair work (hereinafter "the construction of this case"). The main contents are as follows.

Construction Contract Documents

1. The name of the construction project: The construction project, such as rooftop waterproof and waterproof of the apartment in this case, large-scale painting, window trussess, repair of auxiliary facilities, and painting of parking lots;

3. Date of commencement: October 4, 2008: Date of completion: November 10, 2008

5. Contract amount: 110,000,000 won (including value-added tax); and

8. Period of warranty liability (43,00,000) - Roof flood control (43,00,000) - For five years after the completion of construction, straws, practical eggs, rupture repair (54,980,000) - Two years after completion of construction, 1 year after completion of construction of the retaining wall repair and painting (12,020,000 won);

B. 1) Although the Defendant completed the instant construction on October 31, 2008, the part of the rooftop waterproof Construction Work (hereinafter “the instant rooftop construction part”) following the completion date.

) The part of the construction of the window and the outer wall around the window mold (hereinafter referred to as “the part of the project in Vietnam”).

(2) On August 4, 2009, the Plaintiff caused a water leakage problem. Accordingly, on the part of the Defendant on August 4, 2009, the Plaintiff attached a list of water leakage households to “a case requesting repair of waterproof construction works, such as rooftops,” and attached a list of water leakage households. As a result, a large number of defects in waterproof construction works, such as rooftops, implemented by the Defendant in the following year occur, causing a lot of mental and material damage to the residents in a gold pool, and a lot of water leakages, such as a bend and a household bend, with a large sum of the rooftop floor, leading to 3 to 40 households, and the complete repair with a certain defect repair schedule, and was caused by material damage.

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