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(영문) 부산지방법원동부지원 2017.09.01 2014가합3930
손해배상(기)
Text

1. Of the Plaintiff’s lawsuit against Defendant C Co., Ltd., the part claiming KRW 619,852,125 and damages for delay.

Reasons

1. Facts of recognition;

A. The Plaintiff is an autonomous organization that consists of occupants of the apartment-type factory A in Busan Shipping Daegu (total of 294 households; hereinafter “the apartment of this case”).

Defendant B is the project undertaker of the new apartment construction of this case, who sold the apartment of this case.

Defendant C is the starting construction of the apartment of this case.

B. The instant apartment was approved for use on June 30, 201, when the usage inspection of the instant apartment and defects occurred.

Defendant C does not construct or alter the part to be constructed in the course of executing the instant apartment project differently from the design drawing. At present, the instant apartment project contains any defect such as the sum sheet by item of the attached Table 1 (hereinafter “instant defect”). In order to repair it, the following expenses are reflected in the calculation of the defect repair expenses: (a) even if the appraiser did not separately determine any error through the appraisal supplementation, the defect repair expenses were calculated by reflecting the corrected and supplemented results in 1, 207, 80, 107, 107, 107, 107, 107, 107, 207, 207, 107, 107, 107, 207, 407, 207, 107, 407, 100, 407, 405, 006, 3064, 506, 2064, 2084, 2008

C. 1) Of the instant apartment 294 households, the sectional owners of 285 households transferred the right to claim damages in lieu of defect repairs held against Defendant B, who is the project undertaker, to the Plaintiff, respectively, and delegated the right to notify the Plaintiff. On April 7, 2015, the Plaintiff notified the Defendants of the assignment of claims, and notified the Defendants on April 9, 2015. (2) The said right to claim damages was transferred.

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