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(영문) 부산지방법원 동부지원 2018.02.09 2015가합1764
하자보수금
Text

1. Of the Plaintiff’s lawsuit against Defendant Dong-dong Co., Ltd., the part claiming KRW 75,269,197 and damages for delay.

Reasons

1. Facts of recognition;

A. In order to manage the “Atel” in Busan Metropolitan Transportation Daegu (hereinafter “the instant officetel”), the Plaintiff is an autonomous management body consisting of sectional owners, and the Defendant Seo Young Development Co., Ltd. (hereinafter “Defendant Seo Young Development”) is an executor who sells the instant officetel, and the Defendant Ildong Co., Ltd. (hereinafter “Defendant Ildong”) is a contractor who was awarded a contract for the construction of the instant officetel from Defendant Seo Young Development (hereinafter “the instant construction work”).

B. Although the instant officetel was approved for use on June 4, 2013, the instant officetel was used as a result of partial design errors, or Defendant Dong Dong-dong did not perform the construction of the part required to be built in accordance with the design drawing, or performed the construction of defective construction or defective construction, thereby causing ruptures, water leakage, etc. on the instant officetel. Accordingly, the instant officetel’s function, aesthetic or safety problems were caused to the instant officetel. 2) The sectional owners and the Plaintiff requested repair of defects to the Defendants several times, but still remains in the section for common use and section for exclusive use of the instant officetel, and the instant officetel’s detailed defect repair specifications to repair the instant defects are as follows: (a) the detailed defect repair specifications to repair the instant defects are as follows.

(The result is that the plaintiff reflects all the claims of 22 households that have not been assigned the damage claim, and all the items determined in paragraph (2) below, and even if any item is not separately determined, if the appraiser correctss any error or alters his opinion through the inquiry inquiry reply, the defect repair cost was calculated by reflecting such modified and supplemented results).

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