beta
(영문) 서울중앙지방법원 2019.07.10 2017가합561969

하자보수에 갈음하는 손해배상 등 청구

Text

1. Of the Plaintiff’s lawsuit against Defendant B, the part claiming KRW 917,710,339 and damages for delay.

Reasons

1. Basic facts

A. 1) The Plaintiff is a party to the dispute. The Plaintiff is a A Apartment in Busan Seo-gu, Busan Seo-gu, (hereinafter “instant apartment”).

(2) In order to manage the 15-dong 972 households, D Apartment Reconstruction Project Association (hereinafter “instant association”) is a seller of the instant apartment complex, and Defendant B Co., Ltd. (hereinafter “Defendant B”) is a contractor of the instant apartment complex, and the Defendant Housing and Urban Guarantee Corporation (Korea Housing and Urban Guarantee Corporation under Article 4 of the Addenda to Housing and Urban Fund Act changed its name to the Housing and Urban Guarantee Corporation; hereinafter “Defendant Guarantee Corporation”) guarantees the obligation to repair the defects of the instant apartment.

B. (1) On September 7, 2012, Defendant B entered into a contract for the warranty of defects with the Defendant Guarantee Corporation (hereinafter “instant warranty contract”) with the head of Busan Si/Gun/Gu having jurisdiction over the inspection of the guarantee creditor regarding the instant apartment as to the instant apartment, and the Defendant B, upon receiving a claim for the performance of the relevant repair as to the defects that occurred within the defect warranty period after undergoing the inspection of the completion of the construction of the instant apartment, fails to perform it without justifiable grounds, the Defendant Guarantee Corporation shall either perform the defect repair to the guarantee creditor or pay the cost of the defect repair (hereinafter

A) The Defendant Guarantee Corporation entered into a guarantee agreement, and was issued by the Defendant Guarantee Corporation with each of the following guarantees. The Guarantee Number 1 E 1 E from September 28, 2012 to September 27, 2013 (1 year) 817,114,656 2 F from September 28, 2012 to September 27, 2014 (2 year) 817,114,656 G 6563 from September 28, 2012 to September 27, 2015 (3 years) 1,225,671,984 HH 28,984 from September 28, 2017 to September 27, 2015, Defendant 205 to complete the instant construction work (35,295,985, 295, 296, 2985, 297).