(영문) 울산지방법원 2020.06.17 2017가합25402

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(영문) 울산지방법원 2020.06.17 2017가합25402

손해배상 등

Text

1. As to KRW 1,403,830,03 and KRW 500,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 1,403,830,03.

Reasons

1. Basic facts

A. Status 1 of the parties concerned) The plaintiff is Ulsandong-gu A Apartment (hereinafter referred to as "the apartment of this case").

(2) The Defendant is a business proprietor who sold the instant apartment, and the Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) is a company that executed the instant apartment construction by being awarded a contract with the Defendant or guaranteed the obligation to repair the defects of the Si construction.

B. On October 28, 201, the instant apartment building, which was completed, was published for the recruitment of occupants on October 28, 201, and obtained approval for use on March 7, 2014, and was delivered to the occupants around that time.

C. 1) The Intervenor did not construct the part to be constructed in accordance with the design drawing, or revised or performed defective construction differently from the drawing, and the Plaintiff continuously demanded the Defendant to repair the defective parts of the instant apartment from April 2014. 2) Even though the part of the instant apartment was repaired, there still remains the same defect as the indicated in the corresponding column of the Compilation of Repair Costs, and in order to repair it, the Intervenor spent the same amount of expenses as indicated in the table (hereinafter “Appraiser H”) on the premise that the part to be constructed in accordance with the design drawing was affixed to the section for common use and the section for exclusive use of the instant apartment, but the Plaintiff continuously demanded the Defendant to repair the defective parts.

In addition to the result of the expert appraisal, the result of each supplementary appraisal by the expert witness shall be calculated by reflecting the judgment of this court on the allegations by the parties. The comprehensive balance sheet of defect repairs

D. 1) The Plaintiff is a total of 720 households (hereinafter “transfer household of this case”) to file a lawsuit in this case.

The damage claim in lieu of the defect repair against the defendant has been transferred, respectively.

유사 판례

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-서울고등법원 2018.05.11 2017나2061707

-서울중앙지방법원 2019.01.30 2016가합515990