(영문) 서울남부지방법원 2015.12.24 2014가합103160

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(영문) 서울남부지방법원 2015.12.24 2014가합103160

손해배상(건)

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1. The Defendant’s KRW 64,667,362 as well as the Plaintiff’s annual rate of 6% from April 9, 2014 to December 24, 2015, and the following.

Reasons

1. Basic facts

A. The Plaintiff is the party’s status 1) The Plaintiff is the party’s apartment complex of the Suwon Jinjin-do, 169-ro 46 (Fungdong-dong) in Gwangju Mine-gu (hereinafter “instant apartment complex”).

(2) The defendant is a corporation that has entered into a warranty contract for the apartment of this case as follows.

B. On January 14, 2009, the Defendant entered into a contract for the repair of defects and entered into a contract for the repair of defects and issued each of the five-years and ten-years and ten-years and ten-years as indicated below (hereinafter referred to as “the instant repair of defects”), including the first, second, and three-years and two-years and as indicated below (hereinafter referred to as “the instant repair of defects”).

(2) Around January 2009, a pre-use inspection was conducted with respect to the apartment of this case, which was changed to the council of occupants’ representatives in the event of the composition of the No. 10020,0020, 450,571,547 from January 22, 2009 to January 21, 2014, and the unit of the No. 450,571,547, which was changed to the council of occupants’ representatives.

C. 1) In order to repair the apartment of this case, defects such as rupture, water leakage, etc. have occurred on the apartment of this case. 2) In order to repair the apartment of this case, the amount as indicated below in the list of defect repair expenses (the criteria for partial design) is required.

After the pre-use inspection, the 152,742,541 39,639,405 appraiser's first appraisal and supplementary results [public 1-1] 26,155,156 won for the 10-year defect repair expenses for the wall or column colon.

(Plaintiff asserts that the defect repair cost of this part is KRW 26,155,156). 92,381,946 [Grounds for Recognition] did not dispute, Gap evidence 1 through 5 (including each number; hereinafter the same shall apply), appraiser A's appraisal result (including appraisal supplement) and the purport of the whole pleadings.

2. The party's assertion and judgment

A. Summary of the parties’ assertion 1. Plaintiff

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