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(영문) 서울중앙지방법원 2018.01.17 2016가합566066
손해배상
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 265,116,280 and KRW 210,000 among them, from November 15, 2016 to 55.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into each contract. The Plaintiff is the Plaintiff’s 722 households (5 Dong-dong, 290 Dong-dong, 4 Dong-dong, 432 Dong-dong, 4 Dong-dong, 5 Dong-dong, Gangdong-dong, 670 Dong-dong, Gangdong-gu, Seoul, and 432 Dong-dong, hereinafter “instant apartment”).

(2) On June 16, 2006, the Plaintiff entered into a contract on the construction work of the apartment of this case (hereinafter “construction work of this case”) with Defendant K Industrial Co., Ltd. (the former trade name before the alteration: the Highway Industrial Co., Ltd.; hereinafter “Defendant K Industrial”), Defendant Dongmun Construction Co., Ltd. (hereinafter “Defendant Dongmun Construction”), and entered into a contract on the construction work of the apartment of this case (hereinafter “construction work of this case”). On December 29, 2008, the Plaintiff entered into a modified contract on the said contract (hereinafter “instant construction contract”).

B. On July 13, 2009, the Plaintiff had undergone a pre-use inspection on the instant apartment on July 13, 2009. (2) A number of defects occurred due to the construction of the instant apartment, such as the Defendants, etc., not having constructed a part of the construction works to be done in accordance with the design drawing at the time of the construction of the instant apartment, or the alteration of the construction at will, or the defective construction and defective construction.

3) Although the defect repair work for the apartment of this case was conducted at the request of the occupants of the apartment of this case, the four units of the rental household of the apartment of this case still have the same defects as the defect in the separate list of the defect in attached Tables 1 and 2 (the following reflects all the items determined in paragraph 3, and if the above defect is individually referred to according to the defect warranty period, it shall be referred to as the "annual defect" according to the defect warranty period.

A) The sum of the separate cost of repairing defects (the 38,614,400 4,679,400 26,189,90 8,438,100 8,438,100 8,431, 210 for the 10th 5th 5th 10th 5th 5th 5th 10 year following the previous usage inspection).

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