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(영문) 서울북부지방법원 2018.08.16 2017가합27383
비용상환(건설) 청구의 소
Text

1. The Defendant’s KRW 369,605,450 among the Plaintiff and KRW 59,560,000 among them, shall be KRW 50,00,000 from August 27, 2015.

Reasons

1. Basic facts

A. The defendant is the council of occupants' representatives of Gangnam-gu Seoul Metropolitan Government B apartment (hereinafter "the apartment of this case").

B. The Defendant requested two construction companies (hereinafter “dusan construction”), a contractor, to repair the defects of the instant apartment, but decided to select a specialized diagnosis company in relation to the defect in the public section on July 15, 2014, which did not properly repair, and entered into a service contract on August 27, 2014 with the spatial technology group (hereinafter “space Technology group”) on general (i.e., e., heating, water leakage, tidal days, seals and straws, landscaping, electric installations, etc., and (ii) investigation and performance (referring to construction in line with the starting book, construction in line with the starting date, construction in line with the starting date, construction in line with the starting date), and (iii) investigation and performance (referring to any defect in the performance of a contract), and concluded a service contract with the spatial technology group and September 1, 2014.

C. On April 27, 2015, the Defendant reported the results of the preliminary investigation on the defects in the results of the investigation and performance of the spatial technology team, and the Defendant tried to proceed with the defect litigation on the general defects and performance defects.

The defendant entrusted the plaintiff with the defect suit of the apartment of this case, and Article 5 (Expenses) between the plaintiff and the defendant is as follows.

A. The Plaintiff will pay on behalf of the Plaintiff all expenses related to the litigation, such as stamp fees, delivery fees, verification appraisal expenses, etc. necessary for the Defendant’s handling of delegated affairs.

B. The costs that the Plaintiff paid in advance shall be deducted from the winning amount, separate from the contingent fees, and if the winning amount is insufficient and thus it is impossible to recover the costs of lawsuit, the Defendant shall not be claimed.

Article 6 (Competence Remuneration)

(a) When a dispute is terminated by a judgment (reconciliation, forced conciliation, failure of claimant, agreement, etc.) after the payment of the court appraisal fee: 15% (including winning money and delay damages) of economic gains (including winning money and delay damages);

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