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(영문) 서울중앙지방법원 2016.12.22 2015가단30174
손해배상(기)
Text

1. The Plaintiff, Defendant D.C., 60,280,105 won, and Defendant A.S. Construction Co., Ltd.

Reasons

1. Facts of recognition;

A. The Plaintiff is an autonomous management organization consisting of the sectional owners or lessees under subparagraph 32 of Article 32 of the Commercial Building Act among the sectional owners under subparagraph 32 of Article 32 of the Commercial Building Act among the sectional owners under subparagraph 32 of Article 32 of the Commercial Building Act in Yongsan-gu, Yongsan-gu. The Plaintiff received a claim for damages in lieu of the defect to the Defendants from the sectional owners under subparagraph 30 of Article 32 of the Commercial Building Act (excluding subparagraphs 116 and 302 of the first floor). The sum of the area of the portion of exclusive ownership of the said assignment of the above sectional owners is 94.81% of the total area of the commercial building under subparagraph 7 of Article 1976 of the Commercial Building Act, which is 94.81% of the total area of the previous ownership of the commercial building (i.e., 19

B. Defendant D.C. (hereinafter “Defendant D.C.”) is a contractor who newly built and sold the above commercial building. Defendant D.C. (hereinafter “Defendant D.C.”) is a contractor who performed the construction work upon receiving a contract from Defendant D.D. for the construction work of the said commercial building, and the said commercial building was approved for use on September 24, 2010 upon completion of the construction work.

C. In performing the construction of the building of the building of the building of the building, the construction of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building or the building of the building of the building of the building of the building of the building of the building of the building of the building of the building

Therefore, even though the Plaintiff et al. requested the defendants to repair the defects in the above commercial building several times from July 2012 to November 2013, the defect repair did not occur, the Plaintiff et al. used 33,230,074 won as the cost of the non-construction of the section for common use before and after the inspection of the use, 45,682,096 won as the cost of the defect repair of the section for common use after the inspection of the use, and 562,709 won as the cost of the defect repair (excluding 116, 302). The Plaintiff et al. used 79,474,879 won in total, and substituted for the defect repair acquired by the Plaintiff from the sectional owners

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