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(영문) 수원지방법원 2016.08.25 2015나12052
손해배상(기)
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against each of the instant principal claims and counterclaims are dismissed.

2. The appeal costs.

Reasons

The following shall be deemed together with the principal lawsuit and counterclaim.

1. Basic facts

A. The plaintiff is a company that manages multi-family housing, etc., and the defendant is a company that engages in coworking business.

B. On April 6, 2011, the Plaintiff entered into a contract with A apartment (hereinafter “instant condominium”) under which the council of occupants’ representatives (hereinafter “council of occupants’ representatives”) determines the defect repair works of the instant condominium as the price of KRW 887,535,000 as the price for the instant aggregate building (hereinafter “instant contract”).

C. On April 13, 201, the Plaintiff entered into a contract with the Defendant to enter into a subcontract with each of the foregoing defect repair works, under which the Defendant agreed to subcontract the instant construction works with the entire coworking cost of KRW 33,00,000 (hereinafter referred to as the “instant subcontract”).

On November 17, 2011, the Plaintiff and the Defendant entered into a contract to add the underground parking lot lamps and the opening clocking construction to the scope of the instant construction and to increase the price to KRW 38,500,000.

E. The Plaintiff paid the Defendant totaling KRW 32,00,000 on June 7, 201, KRW 5,500,000, KRW 16,500,000 on August 10, 201, and KRW 10,000 on January 20, 2012.

F. On December 31, 2013, the Plaintiff agreed to deduct KRW 40,000,000 from “the cost of A/S for external walls (households)’,” while settling and finishing the defect repair work as a result of the settlement with the council of occupants’ representatives.

[Ground of recognition] A without dispute; Gap evidence Nos. 1 through 5; Eul evidence Nos. 7; and the result of fact inquiry conducted on Nov. 24, 2014 about the meeting of occupants' representatives of the first instance court; the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is as follows: (a) the Defendant, even after performing the instant construction, is entitled to enjoy from each section of exclusive ownership of the instant aggregate building.

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