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(영문) 부산지방법원동부지원 2019.11.13 2016가합104783

손해배상(기)

Text

1. The Plaintiff:

A. As regards Defendant B Co., Ltd., the amount of KRW 715,861,707 and KRW 500,000 among them, from November 16, 2016.

Reasons

1. Facts of recognition;

A. The status of the party concerned is an autonomous management organization composed of the occupants to manage “A apartment house” (hereinafter referred to as “the apartment house in this case”), and Defendant B is an executing company that sold the apartment in this case and a new construction company of the apartment in this case (hereinafter referred to as the “new construction company”), and Defendant Housing and Urban Guarantee Corporation guarantees Defendant B’s obligation to repair the defects of the apartment in this case.

B. On August 4, 2014, the approval for use of the instant apartment and the occurrence of defects occurred. However, while the instant apartment was approved for use on August 4, 2014, Defendant B did not construct or alter at will the part to be constructed in accordance with the design drawing and constructed or performed erroneous construction and defective construction, thereby causing a defect such as cracks and water leakages in the instant apartment. Accordingly, the function, aesthetic view or safety problems in the instant apartment were caused to the instant apartment. 2) Accordingly, the sectional owners of the instant apartment and the Plaintiff requested repair of defects on several occasions, but still there remains any defect such as the attached Table on Repair Costs for each repair Period (hereinafter “the instant defect”). The detailed defect repair cost specifications to repair the instant defects are as follows.

2. The following is a result reflecting all the items determined in this paragraph, and even if any item is not separately determined, if the appraiser correctss errors or alters his opinion through the inquiry inquiry reply, the defect repair cost was calculated by reflecting such modified and supplemented results.

The plaintiff asserts that the final appraisal amount that the appraiser corrected error through the inquiry inquiry reply was KRW 902,100,050,050, but the appraiser corrected the error as a result of the inquiry conducted on May 20, 2019.