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(영문) 서울남부지방법원 2015.11.19 2015가합103921
손해배상(건)
Text

1. Defendant beneficial Construction Co., Ltd. and Defendant subordinate General Construction Co., Ltd. are jointly and severally owned by the Plaintiffs.

Reasons

Basic Facts

The plaintiffs are co-owners of the V apartment 72 units on the ground (the approval date of use: September 14, 2006; hereinafter "the apartment of this case") of Guro-gu Seoul Metropolitan Government and two lots of land outside U.S.

Defendant T is an implementer who implements a new construction project of the main complex building with the 2nd underground floor, the 20th ground, the total floor area of 18,504.69 square meters on the above land (hereinafter “instant building”) as the owner of the Guro-gu Seoul Metropolitan Government and six lots adjacent to the instant apartment. Defendant T is a comprehensive construction company with beneficial interests (hereinafter “Defendant beneficiary”), and Defendant Hastst Construction Co., Ltd (hereinafter “Defendant Hastst”) is a construction project that entered into a contract for the construction of the instant building with Defendant T.

On May 18, 2012, the Defendants of the instant accident obtained a building permit from the Guro-gu Office to perform the construction of the instant building from around that time. On September 6, 2012, when the said construction work was in progress, there was an accident that caused the collapse of earth and sand at the construction site, and the instant apartment wall and fireproofs, which are the boundary between the instant building and the instant apartment, were lost (hereinafter “instant accident”).

On September 7, 2012, Defendant beneficiary agreed to pay 200,000,000 won per day to the council of occupants’ representatives of the instant apartment by September 8, 2012 as a lump sum payment for six days. On September 8, 2012, Defendant beneficiary paid to the said council of occupants’ representatives KRW 90,00,000 (==20,000 x 6 days x 75 households of the instant apartment including tenants).

After the accident of this case, the defect occurred after the accident of this case and the repair cost of this case, the defect occurred in the section for common use of the apartment of this case, such as rupture, water leakage, etc., and the defect details and repair cost are as follows.

(1) Cracks, water leakages, etc. inside an underground parking lot: 15,788,91 won. (2) The inside heat, water leakage, etc. inside the rooftop-type mechanical system: 478,324 won.

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