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(영문) 서울중앙지방법원 2018.01.17 2016가합559358
청구이의
Text

1. The defendant's execution of the defect repair case No. 2010Gahap1945 against the plaintiff is the Seoul Central District Court.

Reasons

Basic Facts

In Seo-gu Incheon, Seo-gu 517 K&P lending (hereinafter “instant building”) is an aggregate building of 4 underground and 15 underground floors newly constructed in around 2007, which consists of a parking lot from 4th to 2nd underground floors, from 1st underground to 2nd underground floors, and from 3th to 15th underground, from 3th underground to 2nd underground.

The plaintiff is a company that has acquired the sectional ownership of a commercial building (the ground floor Nos. 01, 101, 201, and 208) as a contractor of the building of this case, and the defendant is the council of occupants' representatives comprised of representatives of apartment residents.

Seoul Central District Court Decision 24No. 2010Gahap19445 decided on the defect repair in Seoul Central District Court Decision 201Hun-Ba45 decided the Defendant

1. The construction of rinkP integrated stock company;

2. Matters decided by the Construction Financial Cooperative;

1. The Plaintiff:

A. Defendant C&P General Construction Co., Ltd. pays KRW 235,000,000 until September 19, 2011;

B. Defendant Construction Mutual Aid Association: Defendant K&P General Construction Division and Defendant C&P, respectively.

The amount of KRW 143,00,000, out of the money stated in the item, shall be paid by September 19, 201.

If the Defendants delay the payment of the said amount, the Defendants shall pay the unpaid amount plus damages for delay calculated at the rate of 20% per annum from September 20, 2011 to the date of full payment.

2. The plaintiff waives each of the remaining claims against the defendants.

3. The costs of lawsuit and the costs of mediation, excluding appraisal costs, shall be borne respectively by each person;

The Defendant brought a lawsuit against the Plaintiff seeking the payment of the defect repair amount after acquiring the right to claim damages in lieu of the defect repair from the sectional owners of the apartment of the instant building, and received the conciliation decision as follows on June 21, 201, and the said decision became final and conclusive around that time.

(hereinafter referred to as the “instant conciliation decision”). There is a single parking zone that allows parking of 190 vehicles from the fourth to the second underground of the instant building (hereinafter referred to as the “O substitute”) and from January 2008, the said single parking zone is located from the fourth to the second underground of the instant building.

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