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(영문) 인천지방법원 2014.12.23 2014나50050
손해배상(기)
Text

1. The part against the Defendants in the judgment of the court of first instance is revoked, and the Plaintiff corresponding to the revoked part is the Defendants.

Reasons

1. In the first instance court’s judgment, the Plaintiff sought payment of KRW 50,180,000 for damages arising from a lawsuit with F (hereinafter “F”) against the Defendants, including KRW 26,200,00 for damages and KRW 23,980,00 for damages arising from the conclusion of a defect diagnosis service contract with the Korea Institute of Accident Prevention and Technology (hereinafter “Korea Institute of Accident Prevention and Technology”) (it is apparent that KRW 23,980,000 as stated in the purport of the claim of the first instance judgment is a clerical error of KRW 50,180,00). The first instance court dismissed the claim for damages arising from a lawsuit with F and accepted the claim for damages arising from the conclusion of a defect diagnosis service contract with the Korea Institute of Accident Prevention and Technology (hereinafter “Korea Institute”).

Since only the defendants filed an appeal, the object of the trial is limited to the claim for damages caused by the conclusion of a contract for defect diagnosis with the Korean Institute of Accident Prevention and Technology.

2. Basic facts

A. The plaintiff is the council of occupants' representatives of A apartment (hereinafter "the apartment of this case"), and the defendants are the five executives of the plaintiff who served from April 1, 2008 to March 31, 2010.

B. On September 22, 2005, the Plaintiff entered into a contract with F for the investigation of defects with the following contents.

Article 1 (Purpose of Item) The method and amount of repair, reinforcement, etc. of the apartment building of this case by investigating the defects to the extent that such defects may cause harm to the safety and aesthetic sense of the apartment building of this case in violation of design drawings, etc. shall be presented, thereby facilitating the utility of the apartment building, ensuring structural safety and ensuring structural safety (the period of inspection and verification of defects) (1) The report on defect inspection and verification shall be submitted by the date preceding

Article 4 (Payment, etc. of Service Price), 5,000,000 (Commencement of Defect Inspection), intermediate payment of KRW 5,000,000 (Presentation of Defect Inspection Report) and 5% of the remaining agreed amount

(Additional Value-Added Tax). Article 5 (Duties of Service Providers) (2)

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