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(영문) 서울중앙지방법원 2019.01.09 2016가합537235
손해배상(기)
Text

1. The plaintiffs seek payment in excess of the amount set forth in paragraph 2 among lawsuits against defendant B corporation.

Reasons

1. Facts of recognition;

A. The plaintiffs are the parties. 1) Dtel, which is the land-based condominium in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter "the instant condominium building").

(2) Defendant A Co., Ltd. (hereinafter “Defendant A”) obtained business approval on September 9, 2010 and constructed and sold the instant aggregate building through a trust company E (hereinafter “E”), and Defendant B Co., Ltd (hereinafter “Defendant B”) signed a contract with E on October 12, 2010 and constructed the instant aggregate building.

B. Upon entering into a trust contract and a sales contract, Defendant A and Defendant A entrusted the instant aggregate building site to E, the management-type land trust contract for E to build and sell the instant aggregate building.

E agreed that all obligations (such as repair of defects, etc.) arising from the sales contract upon entering into the sales contract with the buyer of the instant aggregate building, Defendant A, the truster of the trust contract, and the E’s rights and obligations arising from the sales contract, when the trust contract is terminated or terminated, shall be exempted from the obligation of Defendant A.

(Article 16, paragraphs 2 and 3). (c)

1) The instant aggregate building was approved on February 26, 2013, and Defendant B did not construct the part to be constructed according to the design drawing while constructing the instant aggregate building, or constructed it in a way different from the drawing, and there was a defect such as rupture and water leakage, etc. on the instant aggregate building. The instant aggregate building management body continuously requested the repair of the defects from March 14, 2014 to Defendant B from March 14, 2014. However, Defendant B still requested repair of some defects on the instant aggregate building.

3. A summary sheet of repair costs by defect list and Attached 4.0

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