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(영문) 서울중앙지방법원 2018.09.13 2017가합578356
손해배상 등
Text

1. The Plaintiff:

A. The defendant A and the defendant B jointly share KRW 300,531,731 and this.

Reasons

1. Basic facts

A. On December 4, 2005, the Plaintiff, Defendant A Co., Ltd. (hereinafter “Defendant A”), and Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into a contract for construction works with respect to D apartment buildings (hereinafter “instant construction contract”) on the four sections of construction works (hereinafter “instant apartment”). The Defendant C Co., Ltd entered into a warranty contract with Defendant A on the defect repair of Defendant A’s Plaintiff under the instant construction contract (hereinafter “instant warranty contract”).

B. The Plaintiff constructed the instant apartment and obtained approval for use on June 2009, and around that time, delivered the instant apartment to the occupants.

C. The E council of occupants' representatives (hereinafter referred to as the "council of occupants' representatives") was transferred from 702 households among the 724 households of the instant apartment on the ground of the occurrence of the defects in the instant apartment. On May 15, 2014, the judgment of the Seoul High Court rendered a judgment of 1,239,59,399 out of the claimed amount of KRW 2,915,140,140, 140, 2016 at the trial of the Suwon District Court (hereinafter referred to as the "Council of occupants' representatives") by filing a lawsuit for damages claim against the Plaintiff on June 15, 2014, which became final and conclusive as is around May 30, 2017.

(hereinafter referred to as “pre-trial action”) D. of the above lawsuit for which a final and conclusive judgment was rendered

In the preceding lawsuit, the court shall calculate the scope of the Plaintiff’s liability for damages due to the defect that the transferor household bears to the council of occupants’ representatives as damages amounting to KRW 852,326,83 [=the total damages amounting to KRW 875,453,596 - the total damages amounting to KRW 23,126,763 excluding the transferor household of this case] and the damages amounting to KRW 661,578,773 as to the defect in the section for common use (=the damages amounting to KRW 682,391,721 x 96.95% 】 96% of the total damages amounting to KRW 1,513,905,606], while calculating the damages amount to KRW 1,513,905,606 as to the defect in the section for common use

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