손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff entered into a contract for construction works and a guarantee contract between the Plaintiff and the Defendants 1) The Plaintiff is a Songpa-gu Seoul Metropolitan Government Chungcheongnam-ro 152 apartment complex 152 Songpa-gu (hereinafter “instant apartment complex”).
(2) On October 6, 2004, the Plaintiff awarded a contract for the construction, machinery, and civil engineering of the instant apartment on the construction, machinery, and civil engineering to Non-Party 1 Co., Ltd. (hereinafter “new construction”), and on February 25, 2008, contracted the landscaping construction of the instant apartment to Defendant Changsung Construction Co., Ltd. (hereinafter “original landscape”).
3) The non-party new construction business and the defendant creative landscape shall enter into each contract for the warranty of defects with the defendant Construction Mutual Aid Association for the apartment of this case (hereinafter “the instant warranty contract”).
(B) The Plaintiff and the council of occupants’ representatives of the instant apartment were to undergo a pre-use inspection on the instant apartment on July 18, 2008, and thereafter delivered the instant apartment to the buyer or lessee around that time.
In the apartment of this case, there were defects such as non-construction, defective construction, and modified construction, so the council of occupants' representatives of the apartment of this case requested the plaintiff to repair the defects, and the plaintiff partially repaired the defects through the non-party new construction and the defendant creative landscape.
2) As to the defects remaining in the section for common use and section for exclusive use of the instant apartment, the council of occupants’ representatives of the instant apartment takes over the damage claim in lieu of the defect repair against the Plaintiff from the sectional owners of 612 households among the 625 households of the instant apartment, and against the Plaintiff on November 18, 2013, the said council filed a lawsuit seeking damages against the Plaintiff as the court 2013Gahap837444 (hereinafter “prior lawsuit”).
(3) On October 28, 2015, the court filed a suit against the Plaintiff in the preceding lawsuit, and on October 28, 2015, KRW 1,268,110,872 against the instant council of occupants’ representatives.