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(영문) 광주지방법원 순천지원 2018.02.20 2017가단73164
손해배상(기)
Text

1. The Defendant’s KRW 69,520,908 as well as the Plaintiff’s annual rate of 6% from May 5, 2017 to February 20, 2018.

Reasons

1. Facts of recognition;

A. The status of the parties is the seller who constructed and sold the instant aggregate building 64 located in Melel Melel 64 and ancillary facilities (hereinafter “instant aggregate building”). The Defendant is a contractor who constructed and sold the instant aggregate building by being awarded a contract for the construction of the instant aggregate building (the construction contract between the Plaintiff and the Defendant is referred to as the “instant contract”) and the non-party Person Person Person Person Person in Charge of the Management of the Felan (hereinafter “Non-Party Management Body”) is an organization composed of sectional owners in order to manage the instant aggregate building.

B. (1) The instant aggregate building obtained approval for use on May 21, 2012. The Defendant did not construct the part to be constructed in accordance with the design drawings regarding the instant aggregate building, or caused defects to the section for common use and section for exclusive use of the instant aggregate building by performing defective construction or alteration construction. (2) On May 2015, Nonparty management body received the claim for damages against the Plaintiff and the Defendant, from the sectional owners of 34 households among the instant 49 households (hereinafter “transfer household”) around 2015, the Plaintiff and the Defendant filed a lawsuit against the Plaintiff and the Defendant in lieu of the defect repair claim and the defect repair claim.

3) The details of the cost of repairing defects of the portion jointly owned and part of the exclusive ownership of the instant aggregate building, which is recognized in the said lawsuit, are as shown below (63.29% of the ratio occupied by the entire ownership area of the household transferring the instant aggregate building, and the cost of repairing defects of the said portion of exclusive ownership is KRW 124,643,732.

A) The 5th anniversary of the 2-year 5th 2-year 2nd 3rd 2nd 3rd 2nd 2nd 2nd 3rd 2nd 2nd 5th 2nd 3rd 2nd 42,590,45532,987,07278,2131,871, 7264,50,501,87261, 7264,501,808.

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