logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.01.17 2017가단5146764
손해배상(기)
Text

1. The Defendant’s KRW 157,55,624 as well as the Plaintiff’s KRW 6% per annum from August 10, 2017 to January 17, 2019.

Reasons

1. Facts of recognition;

A. The status of the party is the contractor and the seller of the apartment of this case who purchased the new apartment of this case, and the defendant is the contractor and the contractor of the new apartment of this case who executed the new apartment of this case by being awarded a contract with the plaintiff for the construction of the new apartment of this case.

(hereinafter referred to as the “instant contract”). B. The Plaintiff and the Defendant’s contract for new construction of the instant apartment.

1) Claim for damages in lieu of the occurrence of defects and the repair of defects in the apartment in this case (see, e.g., Supreme Court Decision 201Hun-Ga593606, Dec. 19, 2014; Supreme Court Decision 201Hun-Ga593606, Feb. 19, 2014; Supreme Court Decision 2015Da20189, Jun. 19, 2011; Supreme Court Decision 2015Da201388, Jun. 19, 201; Supreme Court Decision 201Da20138, Jun. 2, 2011).

As a result, a lawsuit was filed to seek damages in lieu of defect repair.

At the time, the council of occupants' representatives presented a complaint demanding "101,00,000 won and damages for delay from the next day of the delivery of a copy of the complaint," and the copy of the complaint was served on the Plaintiff and the Defendant on January 12, 2015. 3) Accordingly, on January 29, 2015, the Plaintiff notified the Defendant that "the defect repair of the apartment of this case constitutes the Defendant's business scope, and the Plaintiff will be processed by the Defendant in relation to the lawsuit for damages brought by the council of occupants' representatives, and the costs of the lawsuit and the result of the lawsuit brought by the council of occupants' representatives will also be processed by the Defendant." (hereinafter

arrow