Case Type: Civil

Result: Claim Reduced by Half (Partial Victory)

Case Details:

Suhn Law Group’s civil team (Lead Attorney: Kim Woo Joong) represented Hyosung Heavy Industries in a construction defect lawsuit filed by the residents’ representative committee of a 480-unit apartment complex. The plaintiffs claimed damages in lieu of repair costs, totaling 2 billion KRW. The firm successfully reduced the claimed amount by half, resulting in a partial victory.

In construction defect cases, it is usually difficult to reduce the appraiser’s assessed repair costs, especially when the appraiser does not voluntarily revise their assessment. That the court reduced the repair amount on its own initiative makes this result particularly notable.

Despite recent practice showing average repair costs per unit exceeding 3 million KRW, in this case, the average per unit was only 2 million KRW, even lower than typical awards in similar cases.

The original appraisal estimated the total at approximately 2.2 billion KRW. Suhn Law Group challenged the liquid waterproofing omission and reduced/altered construction items, arguing that the 60mm protective mortar included in the appraisal should not count toward repair costs. Key points included:

1. The approved apartment construction drawings and specifications did not require protective mortar installation.

2. From the 1999 standard construction specifications onward, mandatory protective mortar installation was removed.

3. The 2006 standard specifications instructed that waterproof layers should be protected and finished according to the construction specifications, not mandatorily.

4. The appraiser could not confirm any damage to the liquid waterproofing layer.

These arguments led the court to conclude that the protective mortar standard of 60mm did not constitute a defect. Other defect items were also successfully defended, resulting in a total reduction of approximately 1 billion KRW from the plaintiff’s claim.

In construction defect cases, expert legal guidance is critical from appraiser selection to report preparation, and even during supplemental appraisals. It is crucial to combine technical and legal reasoning to persuade the court. Suhn Law Group leveraged precedent, standard specifications history, and practical expertise to secure a ruling favorable to the construction company.

Suhn Law Group continues to provide precise fact analysis and optimal legal strategy to achieve the best possible results in construction defect litigation and other specialized civil cases.

Case Inquiries: Attorney Kim Woo Joong