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(영문) 서울서부지방법원 2020.07.17 2019나2296
공사대금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is the occupant of Mapo-gu Seoul Metropolitan Government Btel (hereinafter “the instant officetel”) C (hereinafter “the instant room”), and the Defendant is the management body of the instant officetel, which is an aggregate building.

B. In 2016 and 2017, there were water leakages arising from the instant officetel outer wall, which is the section for common use, entering the instant embankment with rainwater 2016 and 2017, and the Plaintiff requested D, who had a manager, to perform a waterproof construction on the outer wall, but there was no particular reaction, and the construction cost was spent as follows.

C. In other words, ① as at the time of water leakage in 2016, the waterproof construction was requested to E with three other occupants (3.3 million won to be borne by the Plaintiff) and on July 11, 2016, the construction cost of KRW 1.0 million out of the construction cost was paid to E and the remainder of KRW 300,000 was left as a warranty.

② In 2017, a water leakage phenomenon occurred and requested F to perform a waterproof construction work for KRW 1.1 million. On May 29, 2017, F made a total of KRW 300,000,000 and KRW 80,000,000,000 for the Plaintiff’s individual money deposited as a defect security prior to the construction cost.

[Ground of recognition] Each entry or video of Gap evidence Nos. 1 through 3 and 6 (including branch numbers), and the purport of the whole pleading

2. According to the facts of the above recognition, since the Defendant spent the waterproof Construction Work on behalf of the Plaintiff for a waterproof of the instant officetel outer wall ( KRW 330,000,000), the construction cost was calculated at the rate of 1.13 million per annum under the Civil Act from March 8, 2019 to July 17, 2020, which is the date following the delivery date of a copy of the complaint of this case sought by the Plaintiff with respect to the existence and scope of the Defendant’s performance obligation, until July 17, 2020, and from the following day to the date of full payment, 5% per annum under the Civil Act and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

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