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(영문) 인천지방법원 2013.12.13 2013가단19501
손해배상(기)
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 23,980,000 and 20% per annum from October 12, 2013 to the date of full payment.

Reasons

1. Basic facts

A. On September 22, 2005, the council of occupants’ representatives of the Plaintiff A apartment (hereinafter “Plaintiff”) concluded a defect investigation service contract with F Co., Ltd. (hereinafter “F”) with the following content (hereinafter “the first defect investigation service contract”).

Article 1 (Purpose of Item) The method and amount of repair and reinforcement, etc. of the apartment building of this case by investigating the defects to the extent that such defects may cause harm to the safety of the aesthetic view of the apartment building of this case, and the design drawings, etc. in violation of the design drawings, etc. shall be presented to facilitate the utility of the apartment building, ensure the repair of defects, ensure the structural safety, and the report on the inspection and verification of defects shall be submitted by the last

Article 4 (Payment, etc. of Services) 5,00,000 won of down payment (on commencement of a defect investigation), intermediate payment of KRW 5,000,000 (at the time of the submission of a defect investigation report) and the remainder (hereinafter “the remainder of this case”) on the condition that 5% of the agreed amount of the remainder (hereinafter “the remainder of this case”) shall be paid.

Article 5 (Separate Rule of Value-Added Tax) (2) In preparing a report on the investigation and verification of defects, F shall faithfully prepare the agreement between the Plaintiff’s winner and the contractor (including the guarantor) and the repair of defects, and basic data for the future defect litigation.

(3) The F shall faithfully provide constructive and technical support, including the submission of opinions, to items of defect investigation, so that a smooth agreement may be reached between the Plaintiff and the contractor (including a guarantee company) in consultation on defect repairs.

(4) When legal countermeasures are taken, such as litigation due to an agreement on defect repair with a contractor (including a certified contractor), expenses incurred in the appointment of an attorney-at-law and litigation shall be subsequently consulted.

B. F. According to the first defect inspection service contract of the instant case, the said three parts are as follows: (a) with respect to the defect items arising within the defect repair liability period (1~3 years) in accordance with the first defect inspection service contract of the instant case; (b) on December 16, 2005; (c) on January 23, 2006; and (d) on November 30, 2007, respectively.

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