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(영문) 서울중앙지방법원 2019.08.14 2018나15832
약정금
Text

1. The plaintiffs' appeal, the plaintiffs' claim extended by this court, and the defendant's incidental appeal are all dismissed.

Reasons

1. Basic facts

A. 1. The Defendant, a law firm, is a D Apartment Reconstruction Association (hereinafter “instant association”) around 2007.

2) The apartment complex F and G apartment (hereinafter referred to as the “instant apartment”) on the ground of the parcel outside the Incheon Southern-gu E.

H Co., Ltd. and I Co., Ltd. (hereinafter “Co., Ltd.”) in connection with a new construction project

2) The lawsuit seeking damages, etc. in lieu of defect repairs against the Plaintiff (hereinafter “instant defect lawsuit”).

(2) Upon delegation, the Defendant filed a lawsuit with the Incheon District Court on October 15, 2007 (JJ) (JJ) on or around October 2007 and around July 3, 2009 during the process of the defect litigation in this case, and filed a report on the fact-finding survey by the method of investigating sampling against one apartment complex among the apartment complexes in this case on or around April 2009, the Defendant filed a report on the fact-finding survey with respect to one of the apartment complexes in this case on or around June 2009 (hereinafter referred to as the “report on the fact-finding survey”), and filed a request for a new fact-finding survey by supplementing each fact-finding survey on or around July 2009 (hereinafter referred to as the “report on the fact-finding survey”).

B. On August 2009, the Defendant delegated the instant defect suit to the Plaintiffs on or before the conclusion of a sub-Delegation contract with the Plaintiffs, and the Defendant of the instant settlement suit, upon the Plaintiffs’ recommendation, to file a lawsuit seeking compensation for damages due to nonperformance of obligations, such as the instant association and the settlement of payment due to the construction contract, etc. of the construction works, and return of unjust enrichment based on the basis other than the drawing of the completion of construction works, etc., separate from the instant defect suit. The Defendant also delegated the instant settlement suit to the Plaintiffs at the same time.

In the case of this case, "the multiple delegation agreements concerning the defect suit of this case and the settlement suit of this case" are included.

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