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(영문) 서울중앙지방법원 2015.07.08 2015가합503471
손해배상(기)
Text

1. As to KRW 22,37,214 and KRW 20,000 among them, the Defendant shall pay to the Plaintiff KRW 22,37,214 from November 28, 2014, KRW 2,337,214.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff entered into the instant contract with the Sungnam-si, Sungnam-si, 10-1, and 224 households, 2, Dong-dong, 2, Dong-dong, 2, 10-1, Dong-dong, Sungnam-si, Seoul (hereinafter “instant apartment”).

(2) On November 13, 1999, the Plaintiff entered into a contract with the Defendant to set the construction amount of KRW 83,887,210,00 with respect to the new apartment construction project of this case as KRW 83,87,210,00, and 38 months after the commencement of the construction period (hereinafter “instant contract”). Of the terms of the instant contract, matters relating to the instant case are as follows.

Article 19 (Civil Petitions)

1. All civil petitions (such as sunshine rights, view rights, access roads-related issues, disputes with neighboring residents in accordance with the locational conditions of the project area, etc.) arising in connection with the implementation of the project shall be treated as plaintiff's responsibilities and expenses;

2. A civil petition filed due to any defect in the direct work execution shall be treated as the defendant's responsibility and expense.

Article 25 (Maintenance of Defects)

1. The defendant shall repair defects incurred in the relevant work during the warranty period after the completion of construction work, and the warranty liability period, liability, etc. shall be governed by related Acts and subordinate statutes;

3) On June 27, 200 and May 30, 2003, the Plaintiff and the Defendant concluded a contract for partial alteration of the construction amount and the total floor area among the terms of the instant contract. B. On May 30, 2003, the Plaintiff obtained approval for the use of the instant apartment on the instant apartment. C. The instant apartment owners requested the Defendant to repair the defects of the instant apartment due to defects arising from the non-construction, alteration construction, defective construction, etc. in the section for common use and section for exclusive use of the instant apartment.

2. The council of occupants' representatives of the apartment of this case is against the defects remaining in the section for common use and section for exclusive use of the apartment of this case.

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