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(영문) 부산지방법원동부지원 2016.10.12 2014가단19167
손해배상(기)
Text

1. Solomon Group Co., Ltd. shall pay to each of the plaintiffs KRW 7,200,000 as well as to the day of full payment from September 20, 2016.

Reasons

1. Basic facts

A. On August 201, the Plaintiffs were sold in lots by Solomon Group Co., Ltd. (hereinafter “Defendant Solomon Group”) from the Busan Shipping Daegu D Co., Ltd. (hereinafter “Defendant Solomon Group”), 101 Dong 3001 (hereinafter “instant real estate”).

The rehabilitation company, as a contractor of the instant real estate, was carrying out the creative construction work of the instant real estate in accordance with the construction contract with the Defendant Solomon Group.

B. As a result of appraisal, the instant real estate was confirmed to have incurred 14,440,00 won as the repair cost due to defects such as a glass failure, etc., and the repair cost of the portion executed by the rehabilitation company is KRW 14,294,851.

(D) Of the defects described in the appraisal statement, the portion of the "unfavorable, such as the door mold and the lag lag" shall be rejected as there is no evidence that the rehabilitation company has been in charge of the work).

Defendant Solomon Group is insolvent. D.

On April 7, 2015, a decision to commence rehabilitation was rendered with respect to a rehabilitation company, and the custodian C (hereinafter “Defendant custodian”) of the Defendant Rehabilitation Company took over the instant legal proceedings.

[Ground of recognition] Unsatisfy, Gap evidence 3 through 7, each statement of evidence of 11 to 13, appraiser E's appraisal result, purport of whole pleadings

2. Determination

A. According to the above facts, Defendant Solomon Group is obligated to pay to the Plaintiffs the amount of KRW 7.2 million each of the costs for repairing the defects arising from the instant real estate and the amount calculated by the rate of 15% per annum from September 20, 2016 to the day of full payment, which is the day following the day of service of a copy of the application for modification of the purport of the instant claim and the cause of the claim as of August 29, 2016. Defendant Solomon Group is obligated to pay to the Plaintiffs who subrogated the Solomon Group the amount of KRW 7,147,425 each equivalent to the part of which the rehabilitation company took part among the defect repair costs.

(b) The plaintiff shall make a decision within the scope of seeking confirmation.

1. The defendant's assertion of the defendant's administrator is first judged.

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