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(영문) 서울중앙지방법원 2016.10.05 2016가합509902
손해배상(기)
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 100,601,808 won and 6% per annum from December 28, 2015 to October 5, 2016.

Reasons

1. Basic facts

A. Status 1) The Plaintiff is an apartment A of Eunpyeong-gu Seoul Metropolitan Government (hereinafter “instant apartment”).

(2) The Defendants are the project proprietor who newly built and sold 318 households. The Defendants jointly supplied the instant apartment construction work from the Plaintiff and performed the construction work.

B. On April 18, 2005, the Plaintiff and the Defendants constituted a joint supply and demand organization with the method of joint performance on April 18, 2005, and the Defendants newly constructed apartment of the Zone B (C Section), including the apartment of this case (the part of the construction of the apartment of this case is referred to as the construction of this case).

A) A contract for the construction work to be executed under the term of 163,198,849,600 won and the term of construction from April 18, 2005 to June 6, 2007 (hereinafter “instant contract”).

2) Since then, the Defendants performed and completed the instant construction work.

C. On May 14, 2008, the Plaintiff received a pre-use inspection on the instant apartment on May 14, 2008. 2) The Plaintiff sold 215 households among the 318 households of the instant apartment, and only 212 households were sold in lots, and the remaining three households remain unsold in lots.

The Plaintiff leased the remainder of 103 households, excluding the above 215 households.

3) Subsequent to the instant apartment building, there were many defects arising from the Defendants’ failure to perform construction works in accordance with the design drawings at the time of the instant construction works, or arbitrarily changed construction works, or the erroneous construction and defective construction works were discovered. 4) The common areas of the instant apartment were the common areas of the instant apartment.

1. Defects such as the specification of defect repair in the section for common use and the section for exclusive use shall be attached hereto;

2. There remain such defects as entries in the table of defect repair expenses for exclusive use.

1) The council of occupants' representatives (hereinafter referred to as "the council of occupants' representatives") composed of the Plaintiff and the instant apartment representative council for the management of the instant apartment.

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