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(영문) 서울고등법원 2017.04.21 2016나2082639

손해배상(기)

Text

1.The judgment of the first instance shall be modified as follows:

Defendant 1, Inc., Ltd., 875,026.

Reasons

1. Basic facts

A. 1) The Plaintiff is a party to the instant apartment complex A, 336 units, and ancillary facilities of Ulsan-gu, Ulsan-gu (hereinafter “instant apartment complex”).

(2) Defendant Western Camp is a project proprietor who constructed and sold the apartment of this case, to manage the apartment of this case, and Defendant Western Camp is a company that constructed the apartment of this case by being awarded a contract with Defendant Western Camp to construct the new apartment of this case.

B. As to the instant apartment, the construction of Korea-Japan entered into a warranty contract with the Defendant Housing and Urban Guarantee Corporation (the name was changed from Korea Housing and Urban Guarantee Corporation to the Korea Housing and Urban Guarantee Corporation; hereinafter “Defendant Guarantee Corporation”), each of the following warranty contracts for the instant apartment (hereinafter “each of the instant warranty contracts”) was issued by the Defendant Guarantee Corporation.

Since then, the guarantee creditor of each guarantee contract of this case was changed to the plaintiff.

The warranty period of No. 1 B B 1 B 2010 to June 30, 2011 2 C 213,029,481 won from June 30, 2010 to June 30, 2012 3D 32,573,702 won from June 30, 2010 to June 30, 2013 to June 426, 2058, 964 won 4 E 30, June 30, 2010 to June 30, 2010 to June 30, 2014; 319,54, 2015 to June 30, 2015 to June 30, 2015; 319, 204 to June 31, 204; 205 to June 31, 2014;

C. On June 30, 2010, the instant apartment was subject to a pre-use inspection on the instant apartment, and the instant apartment was not constructed in accordance with the design drawing, or there was a part that was modified differently from the defective construction or design drawing in the process of constructing the instant apartment. 2) Accordingly, from June 28, 2011, the Plaintiff continuously demanded the repair of defects at the request of the occupants of the instant apartment from around June 28, 201.

The transfer of damage claim in lieu of defect repair is among the total of 336 households of the apartment of this case.