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(영문) 서울중앙지방법원 2020.11.10 2019가단5125860
손해배상(건)
Text

1. The defendant shall pay 94,338,391 won to each of the plaintiffs and 12% per annum from June 9, 2020 to the day of complete payment.

Reasons

Facts of recognition

On October 25, 2016, the Plaintiffs entered into a contract with the Defendant on each of the terms of the construction cost of KRW 3,267,00,000 (including value-added tax) (hereinafter “instant construction”) and the construction period from November 1, 2016 to September 30, 2017 (the construction period was extended by December 1, 2017) (hereinafter “instant contract”).

The instant building was approved by the Seocho-gu Office on October 23, 2017.

[Recognizing the facts in the absence of dispute between the parties, each entry of Gap evidence Nos. 1 through 3, each entry of evidence Nos. 3, 5 through 16, 18 through 19, and each entry of evidence Nos. 3, 18 through 19, and the overall purport of pleadings as a result of appraiser E’s appraisal of the building in the case of this case, each error such as the plaintiff’s construction due to the plaintiff’s construction, and the defect repair expenses are the same as the entry of “total construction cost (including VT)” in the attached Table No. 125,53,02. The sum of defect repair expenses is clear in calculation.

Therefore, the defendant is liable to pay each of the plaintiffs 62,776,511 (=125,553,022) ± (2) and damages for delay.

The defendant's assertion of the defect items related to each defect item (the rejection of the defendant's claim and the recognition of the defect) 1-1 underground parking lot entrance was installed more than the design, and it was not possible to receive the wall at the time of appraisal on March 24, 2020.

There is no evidence that the appraisal result of appraiser E is unreasonable, and it is reasonable to view that there is leakage in this part according to the descriptions of Gap evidence Nos. 16, 18, and 19.

1-2 At the time of appraisal on March 24, 2020, the water leakage and additional drainage guiding pipes for underground parking lots were installed more than the design, and the wall shall be walled at the time of appraisal.

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