(영문) 서울고등법원 2017.08.25 2016나2080596

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(영문) 서울고등법원 2017.08.25 2016나2080596

손해배상등

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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The reasoning for this part of the judgment of the court of first instance is as follows, and this part of the judgment of the court of first instance is identical to the corresponding part of the judgment of the court of first instance. Thus, this is acceptable by the main sentence of Article 420 of the Civil Procedure

B. From the third bottom of the judgment of the court of first instance, 5 minutes “Defendant C Co., Ltd. (hereinafter “Defendant C”)” is “C” (hereinafter “C”).

(C) The expression "Defendant C" in the judgment of the court of first instance shall be read as "C" and the expression "Expert K" shall be read as "Expert K of the first instance trial".

2. The plaintiff's ground for claim

A. 1) The damage claim in lieu of the repair of the defects that the Plaintiff acquired from the owner of the instant apartment from the owner of the instant apartment is as follows. The damage claim in lieu of the repair of the defects in common areas = 2,107,878,768 won = 2,207,045,890 won x 77,525.30 square meters x 402,38,632 won in lieu of the cost of repairing the defects in common areas x the sum of KRW 5,349,616,400 in total: 2,515,616,400 won in occupational health and safety management expenses, which are based on the cost of repairing the defects in common areas x 7,00 won in lieu of the cost of repairing the defects in common areas x the liability for warranty against the owner of the instant apartment building who constructed and sold the apartment building in lieu of the cost of repairing the defects in common areas.

Therefore, Defendant B is not obliged to pay the above KRW 2,515,616,40 to the Plaintiff who acquired the right to claim damages in lieu of defect repair from the sectional owners of the apartment in this case.

B. The Defendant Corporation, which caused the Defendant Corporation’s claim against the Defendant Corporation, guaranteed the Plaintiff’s obligation to repair defects (excluding defects prior to approval for use) in the instant apartment complex in accordance with the warranty contract, and the guaranteed accident occurred due to C’s failure to perform its warranty obligation

Among the defects in the apartment of this case, approval for use has been granted.

참조조문

-민사소송법 제420조

-집합건물의 소유 및 관리에 관한 법률 제9조

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