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(영문) 서울중앙지방법원 2018.03.28 2015가합560283
손해배상(기)
Text

1. The Defendant’s KRW 72,250,164 among the Plaintiff and KRW 500,000 among the Plaintiff, shall be KRW 272,250,164 from October 24, 2015, and KRW 272,250,164.

Reasons

1. Basic facts

A. The Plaintiff is an autonomous management organization organized by occupants to manage A apartment complex A with 285, Dong-dong 285 apartment complexes (hereinafter “instant apartment complex”) on the ground of Songpa-gu Seoul. The Defendant is a project undertaker who constructed and sold the instant apartment complex.

B. On or around March 31, 2008, the Defendant filed a report on the commencement of the instant apartment on or around January 27, 201, and ordered the Defendant to construct it, and obtained approval for the use of the instant apartment on or around January 27, 2011. However, in the design of the instant apartment, the Defendant erred in the design of the instant apartment, and the Defendant did not construct the part to be constructed in accordance with the design drawing during the new construction of the instant apartment, or changed the construction differently from the design drawing. As such, there was a defect such as rupture, water leakage, etc. to the section for common use and section for exclusive use of the instant apartment, and thereby, there was an obstacle to the function, aesthetic or safety of the instant apartment, and there was still a defect such as the attached Table 1, 2, and 3 with each defect list (hereinafter “instant defect”). The comprehensive defect repair description as follows.

(B) The following elements are all reflected, and even in the case of items which do not have any special assertion or separately determine, the appraiser calculated the cost of repairing defects by reflecting the result of the correction or supplementation, if the appraiser corrected errors or changed his/her opinion through the appraisal supplementation. The cost of repairing defects in the first and second years following the 10th year following the 10th year following the 26,324,467 11,868,4868,48627,310,021,59,729,729, 45, 43, 140,135,04236,519,60,60140,60,4746, 5384, 375, 389, 389, 389, 1280, 140, 136, 519, 60140, 200, 474.

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