beta
(영문) 서울중앙지방법원 2015.10.01 2014가단5211216

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts without dispute;

A. (1) The Plaintiff is a project undertaker who newly constructed and sold the 6-dong 274 apartment units (hereinafter “the apartment units of this case”) in the mountain, mountain, and mountain.

The plaintiff was approved to use the apartment of this case on July 2, 2002.

(2) Among the new construction works of the instant apartment, the Defendant Geumsung Pung-si Housing Co., Ltd. and the same-sex Construction Co., Ltd. were awarded a contract for the construction works of construction machinery, and the Defendant A Co., Ltd. was a contractor who implemented the landscape architecture construction works, and the Defendant D Co., Ltd. was jointly and severally guaranteed the obligation under the contract for same-sex construction, and the Defendant Construction Co., Ltd. was a joint and several surety, and the Defendant Construction Co., Ltd. issued a warranty bond with the policyholder as the Defendant Geumsung Pung, Defendant A and the insured as the Plaintiff

B. The council of occupants’ representatives of the instant apartment that paid the Plaintiff’s defect repair amount filed a lawsuit against the Plaintiff seeking damages in lieu of the repair of defects in the construction of the apartment (U.S. District Court 2012Gahap3391 case), and according to the judgment of the case, the Plaintiff paid KRW 154,828,004 with the judgment fee to the council of occupants’ representatives on September 13, 2013.

2. Assertion and determination

A. (1) The Plaintiff seeks the remainder of the damages claim against the Defendants, excluding the part already repaid or the part agreed to exclude the defective items from the damages paid to the council of occupants' representatives.

(2) As to this, the Defendants asserted that the Plaintiff’s claim has ceased to exist due to the expiration of the exclusion period of the defect liability.

B. (1) Determination (1) Article 28 of the Framework Act on the Construction Industry, which applies to the instant apartment construction project, provides for the exclusion period of 10 years for each type of building structure and 5 years for the warranty period for the contractor, etc. of the instant apartment construction project, and provides for the special provisions of other statutes or the contract agreement,