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(영문) 서울중앙지방법원 2016.09.21 2014가합5024

하자보수금

Text

1. Defendant B Co., Ltd.: (a) KRW 146,257,202 for the Plaintiff and 5% per annum from January 29, 2014 to September 21, 2016.

Reasons

1. Basic facts

A. Party status 1) The Plaintiff is the Seodaemun-gu Seoul Metropolitan Government Officetel A (the underground third floor, the 19th floor, the 298 household units, and the hereinafter “instant building”).

(2) Defendant B is a project proprietor who constructed and sold the instant building, and Defendant C is the representative director of Defendant B.

3) On July 29, 2002, Defendant Daewoo Construction entered into a contract with Defendant B for the construction of the instant building (hereinafter “instant contract”).

B. The Defendant Construction Mutual Aid Association, which entered into a contract for the repair of defects, shall enter into a contract for the repair of defects as KRW 501,435,000 (hereinafter “instant contract for the repair of defects”) and set the insurance coverage amount from February 3, 2009 to February 2, 2012, the guarantee creditor, Defendant Treatment Construction and Guarantee creditor, and the guarantee period from February 3, 2009 to February 2, 2012.

(C) The Defendant B obtained approval for the use of the instant building on February 3, 2009. D. In the event of a defect in the instant building, the Defendant Construction did not construct the instant building in compliance with the design drawings, or modified, constructed, or performed defective construction differently from the design drawings. As a result, there were defects such as external walls, internal ruptures, water leakages, etc. in the section for exclusive use and section for common use of the instant building.

At the request of the occupants or sectional owners, the Plaintiff continuously requested the Defendant Daewoo Construction to repair various defects that occurred in the instant building from the date of usage inspection.

The portion of exclusive use 94,797, 391, 40, 743, 668, 132, 401, 675, 436, 872, 202, 1601, 160, 99, 23, 694, 019, 3743, 6328, 872, 870, 4831, 387, 9294, 91, 8681, 641, 890, 67, 748, 748, 6747, 6278, 627, 627, 62748, 2748, 2784, 284, 2784, 2784, 2784, 2785, 2784, 2784, 2784