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(영문) 서울중앙지방법원 2016.01.15 2013가합48178
손해배상
Text

1. The defendant shall make the same Table to each of the plaintiffs stated in the "name" column in the list of defect repair expenses for each household in attached Form 3.

Reasons

1. Basic facts

A. The plaintiffs are co-owners of the 17-dong apartment complex A-dong 17-dong 1902 apartment complex A-dong 1902, 2-dong 868 apartment complex 17-dong 868 (hereinafter “instant apartment complex”).

The Defendant is a person who constructed and sold the instant apartment, and the Defendant’s Intervenor’s Intervenor’s Intervenor’s Intervenor Construction Co., Ltd. (hereinafter “Slick Construction”) is a contractor who performed the construction of the instant apartment by being awarded a contract from the Defendant, and the Defendant’s Intervenor’s Intervenor’s Intervenor’s Intervenor, ELS Co., Ltd. (hereinafter “ELS”) was a person who manufactured and supplied the windows installed in the instant apartment.

B. The conclusion and construction of the contract, and the construction of the instant apartment by the Defendant was contracted with the Defendant for the construction of the instant apartment, and completed the said construction.

The defendant obtained approval for the use of the apartment of this case on June 20, 2013.

C. Attached Form to the instant apartment because construction of a new apartment in the instant apartment does not construct a part to be built in accordance with the design drawing while constructing the instant apartment, or a defective construction is conducted by changing the same differently from the design drawing.

1. Table of items of defects by section for common use, attached Form;

2. A defect, such as the specification of items of defects by section for exclusive use (hereinafter referred to as “instant defect”) occurred, and resulting in the instant apartment building’s function, aesthetic view, or safety impairment.

[Ground of recognition] Facts without dispute; Gap evidence Nos. 1 through 4; Eul evidence Nos. 1-1 and 2; the result of the appraisal by appraiser B (hereinafter "appraisal"); the result of each request for the supplementation of expert evidence by this court; the purport of the whole pleadings

2. The plaintiff's ground for claim

A. The details of the repair cost for repairing defects that occurred in the apartment of this case are as follows.

1) One complex (based on as-built drawings) A) Aggregate of the remuneration cost for common areas of KRW 885,869,450, and the remuneration cost for exclusive areas of KRW 168,33.

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