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(영문) 광주지방법원 2017.01.13 2014가합941
손해배상(기)
Text

1. As to KRW 151,180,754 and KRW 101,00,00 among them, the Defendant shall pay to the Plaintiff KRW 50,180,754 from December 7, 2013, and KRW 50,180,754.

Reasons

1. Basic facts

A. (1) The Plaintiff is an organization consisting of its occupants in order to manage A Apartment-gu (hereinafter “the instant apartment”) 17 Dong (101 to 108 Dong and 109 to 117 Dong and 5 Dong, hereinafter “5 B-dong”) located in Seoan-gu, Seoan-gu, Seoan-si.

(2) The Defendant is a company that constructed and sold the instant apartment building, and is also a business proprietor and a contractor.

B. The plaintiff and the defendant's prior suit (1) constructed the apartment of this case at their own discretion and failed to construct or poorly constructed the part of the apartment of this case.

Since December 2, 2003, the date of usage inspection, the owner of the instant apartment, and the Plaintiff continuously demanded the Defendant to repair the defects that occurred in the instant apartment, but the repair was not made properly.

(2) On September 1, 2006, the Plaintiff received a claim for damages in lieu of defect repair from 830 households among the 933 households of the instant apartment units, and filed a lawsuit against the Defendant claiming damages in lieu of defect repair under the Gwangju District Court 2006Gahap8131, and the said court rendered a judgment on May 19, 201 that “the Defendant shall pay the Plaintiff KRW 786,807,739 and its delay damages.”

(3) The Plaintiff and the Defendant appealed against the foregoing judgment as the Gwangju High Court 201Na3090, and the Plaintiff was transferred the right to claim damages in lieu of defect repairs from 892 households among 93 households of the instant apartment owners, including the portion additionally transferred during the appellate trial.

On February 4, 2015, the above court rendered a judgment that “the Defendant shall pay to the Plaintiff KRW 345,879,161 and delay damages therefor.”

(hereinafter “Prior Judgment.” The Plaintiff and the Defendant appealed with Supreme Court Decision 2015Da21530, but was dismissed on July 9, 2015.

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