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(영문) 수원지방법원 2020.07.08 2017가합25874

손해배상(기)

Text

1. As to the Plaintiff KRW 3,290,515,301, and KRW 2,000,000 among them, the Defendant shall pay to the Plaintiff KRW 3,290,515,300 from December 10, 2017, and KRW 1,290,515.

Reasons

1. Basic facts

A. The plaintiff is a party 1) A apartment in the Young-gu, Suwon-si H (hereinafter "the apartment of this case").

(2) The Defendant is a project undertaker who newly built and sold the instant apartment, and the Intervenor’s Intervenor (hereinafter “ Intervenor”) was awarded a contract with the Defendant for the new construction of the instant apartment.

B. On November 29, 2012, the apartment building of this case was approved for use on and around November 29, 2012, and each of the relevant households was delivered to the sectional owners around that time. 2) The Defendant did not construct the part to be constructed in accordance with the design drawing in the construction of the new apartment of this case, or constructed the apartment arbitrarily or insufficiently differently from the design drawing, thereby causing defects such as rupture and water leakage in the section for common use and section for exclusive use of the apartment of this case. Accordingly, the apartment of this case had an obstacle to the function, aesthetic, or safety.

3) Since the date of approval for the use of the instant apartment, the Plaintiff requested the Defendant and the Intervenor to repair defects on several occasions, but did not repair the defects or performed repair works on some defects, the common areas and the section for exclusive use of the instant apartment still have the same defects as ruptures, water leakages, etc. (hereinafter referred to as “the instant defect”).

C. The Plaintiff acquired the right to claim the repair of defects and other alternative damage claims against the Defendant from the sectional owners of 1,690 households among the 1,764 households of the instant apartment units (hereinafter “the household transferring the instant apartment units”). Upon delegation of the right to notify the assignment of claims, the Plaintiff acquired the right to claim the repair of defects and its alternative damage claims, from November 24, 2017 to February 3, 2020.