(영문) 서울중앙지방법원 2015.12.24 2013가합33541

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2015.12.24 2013가합33541

손해배상

Text

1. The Defendant’s KRW 1,139,889,098 among the Plaintiff and KRW 500,000,000 among the Plaintiff, shall be from May 14, 2013, and KRW 295,58,297.

Reasons

1. Basic facts

A. The Plaintiff entered into a contract between the Plaintiff and the Defendant 1) The Gangnam-gu Seoul Metropolitan Government building B (hereinafter “instant building”).

(2) On April 27, 2004, the Plaintiff: (a) newly constructed and sold the instant building at 67 Ors 667 and 178 commercial buildings; and (b) on April 27, 2004, the Plaintiff concluded a contract with the Defendant for each of the construction cost of KRW 86,250,793,200 (including value-added tax) and 36 months after the commencement of the construction period (hereinafter “instant contract”); and (c) relevant matters in the terms of the instant contract are as follows.

Article 25 [Defect Security] ① Security period for repairing Defects of the object of a contract shall be two years from the date of approval for use (approval for temporary use) by the competent authority.

(3) Upon occurrence of a defect, the plaintiff shall give the defendant a peremptory notice of performance and make a written request for defect repair, and the defendant shall promptly take appropriate measures when requested to repair the defect.

B. The Plaintiff was approved to use the instant building on July 13, 2007.

C. 1) The result of the prior suit, etc., caused the defects arising from the non-construction, alteration construction, defective construction, etc. in the section for common use of the building of this case, and the owner of the building of this case requested the defendant to repair the defects in the building of this case. 2) The council of occupants' representatives of the building of this case filed a lawsuit against the plaintiff and the defendant on December 30, 2010 (the court 2010Ga135149) against the plaintiff and the defendant about the remaining defects in the section for common use of the building of this case, notwithstanding the above defect repair of the defendant, the council of occupants' representatives of the building of this case filed a claim against the plaintiff, such as the defect repair payment (the court 2010Ga135149).

유사 판례

-서울중앙지방법원 2017.08.09 2016가합541456

-서울고등법원 2017.06.16 2016나2080039

-서울남부지방법원 2019.03.22 2014가합12141

-서울남부지방법원 2016.06.02 2013가합14898

-대구지방법원 2014.08.13 2012가합3801