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(영문) 서울중앙지방법원 2015.07.17 2014가합555
하자보수금
Text

1. The Plaintiff:

A. Defendant Korea Development Co., Ltd.: (a) KRW 947,779,042 and its amount from April 11, 2015 to July 17, 2015.

Reasons

(b) did not include.

The above assertion by the Defendants is without merit.

4) In addition to the examination above as to the existence and scope of defects in the apartment of this case, the contents asserted by the Defendants as to the existence of defects and the scope of the recognition of the repair cost are as stated in the following table. However, based on the appraiser's appraisal result and the fact that it can be acknowledged by adding the whole purport of the pleading to the appraiser's request for the supplementation of the appraisal and supplementation of the appraiser of this court, there is no reason as indicated below. The heat below below 0.3m in rupture less than 0.3m in rupture rupture which is less than 0.3m in rupture in rupture within the permissible scope is inevitable due to construction, and 15% in rupture less than 0.3m in rupture in rupture cannot be deemed as defects arising from the defendant's error in construction. Accordingly, the defect repair cost should be excluded from 18,929,312 won (=126,195,414 won).

Even if the temperature difference by season is less than 0.3m in the width, carbon dioxide or rainwater can intrude into the same heat due to the characteristics of Korea, and accordingly, if the steel bars are corrosioned and the crack spreads, it may hinder the function and safety of the building by reducing the inner strength of the structure, and it is necessary to repair it as it is not good in view of the aesthetic view when the concrete outer wall generated by cracks is exposed.

In addition, even if it is inevitable to generate heat due to the characteristics of concrete, it is not reasonable to uniformly exclude heat less than 0.3m in width from defect repair objects without considering environmental conditions that generate ruptures.

In addition, even if there is an inevitable aspect of rupture generation due to the technical characteristics of concrete construction, it cannot be concluded that there is no error in construction in such rupture generation.

Therefore, the width is less than 0.3m.

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