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(영문) 부산지방법원 동부지원 2021.02.10 2013가합3377

하자보수금 등

Text

The part of the Plaintiff’s lawsuit against Defendant C, which claimed KRW 4,843,269,30 and delayed damages.

Reasons

1. Basic facts

A. The Plaintiff is an autonomous management organization organized by the occupants to manage the 3,000 households of A apartment located in Nam-gu, Busan (hereinafter “instant apartment”) in Busan (hereinafter “instant apartment”).

2) Defendant B Co., Ltd. (hereinafter “Defendant B”) is the executor of the instant apartment construction and sales business, and Defendant C Co., Ltd. (hereinafter “Defendant C”) is a corporation that constructed the instant apartment.

3) On August 2008, Defendant D Financial Cooperative concluded a defect repair guarantee contract with Defendant C regarding the instant apartment around August 2008.

4) The Intervenor joining the Defendant is a business operator who was subcontracted part of the Defendant C with the construction work (such as landscaping work, manufacture and installation work of elevator, etc.) (hereinafter “where both the Defendants and the Intervenor joining the Defendant and the Intervenor,” the Defendant’s side (“Defendant B”). Around August 2005, the Defendant B contracted the instant new apartment construction work to Defendant C and I Co., Ltd. at KRW 3,100,000 per average construction cost.

On October 31, 2008, Defendant B and Defendant C entered into a contract to change the construction cost of Defendant C’s construction to KRW 3,423,000 per square meter.

(c)

1) The apartment of this case was approved on October 31, 2008 for the use of the apartment of this case.

2) Defendant C entered into a warranty contract with the head of the Nam-gu Busan Metropolitan City (the Plaintiff’s certificate guarantee contract No. 5 submitted by the Plaintiff, which states that the obligee is not indicated in the certificate guarantee contract No. 5, and the Plaintiff’s certificate is stated as “Cheong-gu in Busan Metropolitan City”) as follows (hereinafter “the instant guarantee contract”). The warranty period for defects subject to the guarantee and the warranty warranty period (the unit: the cost) 11 year from August 27, 2008 to August 26, 2009 from August 27, 2009 to August 26, 201, 194,8682 as the primary defect (the construction work, etc. for site preparation) in the following year from August 27, 2008 to August 27, 2008 (the construction work for site preparation).