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(영문) 서울중앙지방법원 2020.01.30 2019가단5107626
손해배상 청구의 소
Text

1. The Defendant’s KRW 11,00,000 as well as its annual 6% from November 28, 2019 to January 30, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff is a project undertaker who constructed and sold Pyeongtaek-si C Apartment (12 Dong Dong Dong, 750 Dong, hereinafter “instant apartment”).

(2) On December 30, 2005, the Plaintiff entered into a contract for the construction of the instant apartment (hereinafter “instant contract”) with the Defendant, setting the contract amount of KRW 105,961,00,000 (excluding value-added tax) and the construction period from June 2005 to October 2007, with respect to the instant new apartment construction (hereinafter “instant construction contract”). The Defendant commenced the instant new construction work and completed the said construction work on October 9, 2007 after the commencement of the construction of the instant apartment around May 2005.

(3) On October 9, 2007, the Plaintiff sold the instant apartment after undergoing a pre-use inspection.

B. The council of occupants' representatives of the instant apartment complex (hereinafter referred to as the "council of occupants' representatives of the instant apartment complex") asserts that, around 2012, the council of occupants' representatives of the instant apartment complex (hereinafter referred to as the "the instant apartment complex") filed a lawsuit against the Plaintiff and the Defendant, etc. for seeking compensation for damages by being transferred from the sectional owners of the instant apartment complex in lieu of the defect repair (hereinafter referred to as "the instant first first first first instance lawsuit") on the ground that any defect, such as rupture, water leakage, and water quality due to the non-construction, defective construction, alteration construction, etc., occurred in the instant apartment complex (hereinafter referred to as "general defect"), and that the Defendant is the business entity responsible for the defect repair of the instant apartment complex under Article 46 (1) of the Housing Act, and the Defendant is the business entity responsible for the defect repair in lieu of the defect repair liability held by the council of occupants' representatives of occupants' representatives of the instant apartment complex, in lieu of the defect repair in lieu of the plaintiff's defect repair liability.

(2) On November 28, 2013, the said court rendered the instant case.

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