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(영문) 대구지방법원 2020.11.03 2020나309669
구상금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 1,557,488 on September 14, 2018.

Reasons

1. Basic facts

A. On December 7, 2012, the Plaintiff is a sectional owner who completed the registration of ownership transfer based on the sale on December 7, 2012, 2012, with respect to subparagraph 3rd floor F of D Building E (hereinafter “instant building”) which is an aggregate building of Daegu North-gu Seoul Northern District Office (hereinafter “instant building”), and the Defendant is a sectional owner who completed the registration of ownership transfer based on the sale on February 20, 2018, with respect to subparagraph 1 floor G of the instant building on March 28, 2018.

B. As the water leakage problem occurred due to the deterioration of the water pipe of the instant building, the Plaintiff requested the sectional owners of the instant building to recommend a company for water pipe and toilet repair works. The Plaintiff, after consultation with the sectional owners of the instant building, determined “I” as a construction company and decided to proceed with the water pipe and toilet repair works of the instant building.

(hereinafter “instant repair project”). C.

On August 10, 2018, the Plaintiff entered into a construction contract with the aforementioned “I” for the instant repair work with the construction cost of KRW 18,00,000,00 and the construction period from August 10, 2018 to August 21, 2018.

Meanwhile, while carrying out the instant repair work on August 10, 2018, the Plaintiff, through the aforementioned “I”, intended to carry out the construction of individual water pipeline from the public water pipe of the instant building to the outer wall of each floor of the instant building, which is linked from the public water pipe of the instant building to the outer wall of each floor of the instant building.

(hereinafter “instant 1st floor pipe construction,” and “the instant 1st floor pipe construction,” together with “the instant 1st floor pipe construction,” and “the instant 1st floor pipe construction,” E.

I completed the instant construction from August 10, 2018 to August 21, 2018. The Plaintiff completed the instant construction to I as follows: (a) KRW 3,00,000,000 as the instant construction cost on August 10, 2018; (b) KRW 8,300,000 on August 14, 2018; and (c) KRW 6,700,000 on August 21, 2018; and (d) KRW 18,00,000 in total as the statement in the preparatory brief dated August 31, 2020; and (e) KRW 18,00,000 on the cost of construction for the sewage mouth, KRW 150,00,00 on the cost of construction for the instant construction.

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