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(영문) 광주지방법원순천지원 2016.11.24 2015가합12292
손해배상(기)
Text

1. Part of the Plaintiff’s claim for money by subrogation against Defendant Han-ro Construction Co., Ltd.

Reasons

1. Basic facts

A. 1) The Plaintiff is a party to the instant condominium building (hereinafter “instant aggregate building”) and its ancillary facilities located in Agreh City B.

2) The seller who constructed and sold the instant aggregate building and the comprehensive construction of Han-ro Co., Ltd. (hereinafter “stock company”) is the contractor who constructed and sold the instant aggregate building and the construction of the instant aggregate building is the contractor who constructed the instant aggregate building under a contract with Defendant Sam-do Co., Ltd. (hereinafter “stock company”).

B. The instant aggregate building, which caused a defect, was approved for use on May 21, 2012. However, due to erroneous construction, non-construction, defective construction, or modified construction, defects occurred in the instant aggregate building’s section for common use and section for exclusive use, and thereby, the instant aggregate building was likely to hinder the function, safety, or aesthetic view thereof.

Therefore, the sectional owners requested repair of the defects to the comprehensive construction of the defendant Han-ro, and the comprehensive construction of the defendant Han-ro was also performing some defect repair works.

However, common areas of the instant aggregate building and the following:

The section of exclusive ownership of the assignment household of this case mentioned in paragraph (1) still remains, and the repair costs are as follows.

The 15,704,546 22,670, 206 42,590,590,455,987,07278, 2131, 871, 7264, 7501,808 exclusively 26,288, 808, 808, 111,581,588, 800, 312, 312, 305, 306, 305, 626, 786, 788, 7788, 47, 5388, 538, 15466, 1538, 1546, etc., of the 2 year 3 years 1931, 3012, 305, 306, 626, 6278, 797, 538

C. On May 201 to July 2015, the Plaintiff acquired from the sectional owners of 34 households indicated in the separate sheet of assignment of claims (hereinafter “transfer household of this case”) among the 49 households of the instant aggregate building, the claim for the repair of defects and the claim for damages in lieu of the repair of defects.

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