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(영문) 서울중앙지방법원 2018.11.14 2016가합547003
하자보수보증금 등
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) KRW 1,457,897,462 and its related thereto, from July 18, 2018 to November 14, 2018.

Reasons

(b) lack of view and there is no other evidence to prove it;

[10] An appraiser who has failed to perform his/her construction works in a bath room 110] An appraiser who has failed to perform his/her construction works in a bath room - based on the standard specifications for construction works of construction machinery, but is not required for the function.

[Scale] According to the standards for the standard specifications of construction machinery and equipment construction works, even though it was required to construct a drum in the ceiling of a bath room, it is reasonable to view it as a defect since it was not constructed with a drum in the relevant part. Even if it is possible to separate and clean pipes by removing a drum without using a drum, such reasons alone are not sufficient to deem that the appraiser’s judgment included in the scope of defects is unreasonable.

[18] On January 1, 2007, it cannot be viewed as a defect because it did not construct a tentative glass in the glass of the balcony entrance. In the case of even PD6(*22), it was constructed in the same way as the model house.

[Reduction of the cost of repair of defects] According to the approval for the use of the apartment in this case, it is reasonable to view that the above requirements have not been satisfied in the case of glass of the balcony entrance constructed with a lusible glass.

However, it is reasonable to exclude this part from the scope of defects, because it is recognized that the glass constructed in the bed room 1 is the same as the standards of the model house.

(63,947,277) [Reduction in 63,947,277] [Attachment 119] The MF unit price shall be reduced to 14,825,666 won, based on the fact that the MF unit price is 8,800 won, and that part of the MF unit price shall be reduced to 14,825,666 won.

[Scale] The appraiser calculated the cost of defect repair based on the price information sheet on April 2016 with respect to this part of the defect, and submitted as evidentiary materials by the Defendants.

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