beta
(영문) 서울중앙지방법원 2017.09.06 2016가합8348

하자보수에 갈음하는 손해배상 등

Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) KRW 836,292,596; and (b) from July 23, 2016 to September 6, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a party to the dispute. 1) The Plaintiff is a party to the dispute with 696 apartment units A, Dong-dong 12, Dong-dong 696 (hereinafter “instant apartment units”).

In order to manage the apartment, Defendant B Co., Ltd. (hereinafter “Defendant B”) is an autonomous management body organized by its occupants, and the person who newly constructed the apartment of this case and sold it in lots, and the Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Seoul Guarantee Insurance”) entered into a warranty contract for the apartment of this case with Defendant B.

B. On August 9, 2006, Defendant B entered into a warranty contract with Defendant Seoul Guarantee Insurance Co., Ltd. with respect to the instant apartment after undergoing a pre-use inspection of the new construction of the instant apartment after Defendant B received a claim for the repair of the defects that occurred within the warranty period, but fails to comply with it without any justifiable grounds, the warranty contract with the Seoul Guarantee Insurance Co., Ltd. (hereinafter “instant warranty contract”).

(2) On July 2006, Defendant B completed the new construction of the instant apartment on or around July 26, 2006, and the head of Daejeon Metropolitan City Dong-gu received a pre-use inspection on the instant apartment. Around that time, the residents occupied the instant apartment, and the Plaintiff, an autonomous management body of the instant apartment, was organized, the Defendant Seoul Guarantee Insurance changed the guarantee guarantee deposit of the instant apartment to the Plaintiff.

C. In the occurrence of defects in the apartment of this case and the new construction of the apartment of this case by Defendant B, the part to be constructed according to the design drawing is not constructed, or the defective construction or design drawing is modified differently from the design drawing.