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(영문) 서울중앙지방법원 2016.06.30 2014가합557914
손해배상 등
Text

1. The Plaintiff:

A. As to KRW 1,334,649,058 and its KRW 101,00,000 among Defendant B Co., Ltd., Defendant B, the amount of KRW 1,334,649,058.

Reasons

(b) there is a functional defect that makes it impracticable for wheel chairs to easily fall, due to the difference between the floor and level;

[Public 114] Although the main text of the entrance stairs is to be constructed through a sleep, it cannot be said that the slicker of the slives can not be seen as causing an obstacle to the prevention of a slick. Therefore, it is not defective.

On the completion map of this case, a gate gate is to be constructed in order to prevent a slick from the floor in the case of the stairs of the entrance, and the actual construction has been carried out, which may lead to the collapse of the stairs floor of the same slick, thereby resulting in the danger of slick accidents. Thus, this constitutes functional and safety defects.

[Public 124] It is difficult to deem that there is a risk that a safety accident may occur due to heavy snow, strong wind, etc. beyond the ordinary scope of construction based on the bicycle storage unit.

As such, it should be excluded from defect repair expenses.

The detailed map of the completion drawing of this case is marked to be constructed as "basic concrete (500*400) 76.3 Stetrare ethyl ethyl poppy V," but the actual construction was fixed by cutting steel bars temporarily, and it constitutes a defect because it is determined that the front road of the bicycle storage unit could cause the danger of safety accidents.

[Supplementary 6] The design drawing for the insufficient construction of an underground parking lot is up to the pole line including the siren, so it cannot be viewed as a defect.

According to the Enforcement Rules of the Parking Lot Act at the time of approval of the instant project plan, the unit parking zone in the parking lot shall be not less than 2.3m wide, not less than 5m long, and the actual construction shall be not less than 4.7m in the length of the parking line, tren 0.2m in the siren and the pole from the siren to 0.12m in the parking zone, and the parking zone shall not include a siren, and the length of the parking lot shall be not less than 4.7m in the length except for the siren.

【Bail 16】 The lack of liquid flood control shall be caused by the lack of liquid waterproof walls of a bathing room.

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