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(영문) 서울서부지방법원 2016.07.20 2014가합10168
손해배상(기)
Text

1. The Defendant paid KRW 231,236,60 to the Plaintiff KRW 5% per annum from January 7, 2015 to July 20, 2016.

Reasons

1. Basic facts

A. The plaintiff is the council of occupants' representatives with the 607 households of the Namyang-si, Nam-si, the use of which was approved on September 23, 2004 (hereinafter "the apartment of this case"), and the defendant is the construction works of the apartment of this case.

1. As to the defect repair of the apartment of this case, including Articles 667 and 671 of the Civil Act, Article 9 of the Act on the Ownership and Management of Aggregate Buildings, Article 46 of the Housing Act, and Articles 59, 60, and 61 of the Enforcement Decree of the Housing Act, the chairman of the Plaintiff and the Defendant representative director C delegated the defective matters and agreed to the following two, and do not raise any objection after the completion of all the defect repair obligations of the first to the fifth year.

2. With respect to all defects of the 1-5-year defect repairs and the 1-5-year defect requests made by the Defendant, the Defendant shall terminate all the 1-5-year defect defects following the performance and completion of the 1-5-year defect repair as shown in the 1-year defect repair and the 1-5-year defect repair

(3) The defendant shall commence the construction work of the "statement of processing defects and civil petitions" of attached 1 within seven days from the time when the consent of the tenant is submitted by the chairperson of the plaintiff within 60%.

9. Construction schedule: The construction schedule for the section for exclusive use from September 15, 2011 to April 30, 2012 (within seven months): the Defendant is liable to compensate the Plaintiff for any loss incurred due to the failure to perform this agreement if it fails to perform this agreement without justifiable grounds.

B. On August 19, 201, the Plaintiff and the Defendant agreed to the following (hereinafter “instant agreement”) with respect to the repair of the defects in the first to the fifth year of the instant apartment.

C. In accordance with the agreement of this case by 451 households among the 607 households of the apartment of this case (as about 74% of the consent rate), the defendant is responsible for the defect repair of the apartment of this case according to the agreement of this case.

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