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(영문) 서울중앙지방법원 2020.01.08 2016가합572375
손해배상(건)
Text

1. The plaintiffs (Appointeds) shall dismiss their respective lawsuits against Defendant J Co., Ltd. and KK Mutual Aid Association.

2. Defendant H.

Reasons

1. Basic facts

A. The Plaintiff et al. is the member L of Ansan-si, NO and P Complex (hereinafter “instant building”). The Plaintiff et al. is the member L of Ansan-si, NO and P Complex (hereinafter “instant building”).

Of the separate owners of the households indicated in the separate sheet No. 1, the pertinent “Dong and lake” refers to the following: (a) Defendant H Co., Ltd. (hereinafter “Defendant H”) is a project proprietor who sold the instant building; and Defendant I Co., Ltd. (hereinafter “Defendant I”) is a company established by division from Defendant H on December 2, 2015.

3) Defendant J Co., Ltd. (hereinafter “Defendant J”)

(4) Defendant KK Mutual Aid Association guaranteed Defendant J’s duty to repair the defects of the instant building in relation to Defendant H, by concluding a construction contract on the instant building and constructing the instant building.

B. The approval for the use of the instant building was made on November 29, 2013, and around that time, the occupancy of the instant building was commenced. 2) Defendant J constructed the instant building, and did not perform the construction of the part to be constructed in accordance with the design drawing, or modified, constructed, or performed defective construction differently from the design drawing. As a result, the instant building remains in the same manner as currently [Attachment 2 Total Table by Items of Defect in Section 2], [Attachment 3], [Attachment 3 List by Items of Defect in Section 4], and [Attachment 4 Fire Door].

3) The expenses (based on partial design) incurred in repairing the said defects arising from the instant building are as listed below (based on the basis of partial design) (the appraiser corrected errors through each appraisal supplementary commission or calculated the cost of defect repair by reflecting the outcome of the determination of each appraisal related to the defect.

A) According to the appraiser’s appraisal result, 5,131,170 won should be included in the cost of repairing the defects for the section of exclusive use of 22 households among the households in the 22-generation storage, and the above 5,131,170 won shall be included in the cost of repairing the defects of the section of exclusive use.

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