beta
(영문) 대구지방법원 안동지원 2018.01.10 2016가단22530

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry (including each number) in Gap evidence Nos. 1 to 8, unless there is a dispute between the parties, or in full view of the purport of the whole pleadings:

On September 29, 2009, the Plaintiff (hereinafter “instant apartment”) purchased the apartment house D in Ansan-si (hereinafter “instant apartment”) and occupied the apartment house in this case.

B. However, around August 17, 2010, water leakage occurred in the walls, etc. of the instant apartment, and the Plaintiff requested repair to E Co., Ltd. (hereinafter “E”), a contractor of the instant apartment, and E around October 2010, around the wall waterproof and the exhausting and replacing construction of the wall.

C. On August 10, 2011, E received a decision to commence rehabilitation as Seoul Central District Court 201 Gohap105, and on December 9, 201, E was issued a decision to obtain the rehabilitation plan with the content of dividing E into E, Defendant, and F.

On January 13, 2016, the Plaintiff sent to the Defendant a certificate of contents requiring the performance of the defect repair works due to water leakage, and the Defendant sent to the Plaintiff a reply that the Defendant “to visit during one month as agreed by the on-site verification is necessary.”

On the top of the above reply, G is marked as the person in charge of G.

E. On April 26, 2016, Defendant Southern Center G Deputy Director: (a) prepared a construction performance confirmation document (hereinafter “instant confirmation document”) with the following content and delivered it to the Plaintiff.

It is confirmed that the repair of defects in the number of air conditioners buried in the inner walls of the living room of Andong C apartment D units shall be performed within June 2016 (Conclusion of Agreement) from July 2016.

However, I will complete only the repair of the pipe leakage part of the E-conditioner.

2. The assertion and judgment

A. On April 2016, the Defendant promised to repair the entire defects due to the air-conditioning pipe leakage of the instant apartment, and on April 26, 2016, the Plaintiff prepared and issued the instant confirmation document to the Plaintiff.

However, the defendant on July 29, 2016.