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(영문) 서울중앙지방법원 2015.05.13 2013가합40013
손해배상
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 100,00,00,00 out of KRW 409,725,726 and the said money. From June 6, 2013, the Defendants shall be jointly and severally liable to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a reconstruction and maintenance project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the purpose of rebuilding improvement projects of 123 apartment complexes and 13 commercial buildings on the surface of the 19 and 13 lots of land in Songpa-dong, Songpa-gu, Seoul, and 13, and 2, the Plaintiff is a reconstruction and improvement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. 2) The Defendants (hereinafter each Defendant is individually referred to as the “stock company’s name” is jointly awarded a contract with the Plaintiff for reconstruction construction of a locked-si complex 1, 1,000 apartment, and a locked-gu 1,000 apartment complex (hereinafter

B. On March 2005, the Plaintiff and the Defendants concluded a construction contract under which the reconstruction contract between the Plaintiff and the Defendants concluded a contract to reconstructing apartment complex 1 complex, and to construct the apartment underground floors, 17 through 34, 72, 5678 units and ancillary welfare facilities, and concluded a contract to alter the price of the reconstruction contract for the said apartment and commercial buildings on October 9, 2008 (hereinafter “instant construction contract”).

(2) The Defendants constructed “locked ELS apartment” and the instant commercial building according to the said construction contract, and received a pre-use inspection on or around September 30, 2008 after the completion of the said commercial building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including each number, hereinafter the same shall apply), Eul evidence No. 1, and the purport of the whole pleadings

2. Judgment on the Plaintiff’s assertion of the cause of claim

A. 1 The part citing the cost of the occurrence and repair of the defect 1 is that the Plaintiff newly constructed by the Defendants is liable to pay the Plaintiff KRW 710,078,30, which is the amount equivalent to the difference between the cost of repair of the defect or the exchange value due to the defect, since there are defects such as the list of defects and the amount of the defect damage in the commercial building of this case.

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