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(영문) 서울고등법원 2018.11.14 2017나2072295
하자보수금
Text

1. Of the judgment of the court of first instance, the part against the Defendants of the plaintiff and the succeeding intervenor B apartment council.

Reasons

1. In the first instance court’s trial scope, the Plaintiff A-A-A-Housing Maintenance Project Association (hereinafter “Plaintiff Association”) claimed damages in lieu of the defect repair or damages due to nonperformance of contractual obligations against the Defendant D-S Construction (Seoul Central District Court 2013Gahap88985), the Plaintiff’s council of occupants’ representatives filed an application for succession to the Plaintiff Association on the grounds that it received damages in lieu of the defect repair acquired from the Plaintiff Association, the Plaintiff’s representatives’ representatives claimed damages in lieu of the defect repair, the damages in lieu of the defect repair by subrogation of the Plaintiff Union in subrogation of the Plaintiff Union in respect of the Defendant D-S Construction, and the Plaintiff Association voluntarily withdrawn the lawsuit against the Defendant D-S Construction, and the decision of recommending reconciliation was finalized (Seoul Central District Court 2013Gahap8428), and the Plaintiff’s council of occupants’ representatives filed an application for succession to the right to claim damages due to the nonperformance of contractual obligations, in Seoul Central District Court 2013Gahap8895.

(Seoul Central District Court 2013Gahap88985). Accordingly, the court of first instance rejected the plaintiff's claims for damages in lieu of the defect repair against the defendant SP construction by the plaintiff's representative council, and partly accepted the claims for damages in lieu of the defect repair against the defendant SP construction by the plaintiff's representative council, and dismissed each remaining claims, and omitted the decision on the claims for damages due to the plaintiff's non-performance of obligation under the contract for the plaintiff's representative council.

As to this, the Defendants appealed against the part accepting the claims by the council of occupants' representatives. The council of occupants' representatives appealed against part of the dismissed part of the claims against the Defendants, and the Plaintiff Union did not appeal.

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