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(영문) 대구지방법원 2015.12.18 2013가합7770

하자보수금 등

Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) KRW 2,200,181,227; and (b) from August 9, 2013 to December 18, 2015.

Reasons

1. Basic facts

A. Status 1 of the parties concerned) The Plaintiff is an apartment building A located on the ground of Daegu-gu E (hereinafter “instant apartment building”).

(2) The Defendant B Co., Ltd. (hereinafter “Defendant B”) is an executor who constructed and sold the instant apartment, and the Defendant C Co., Ltd. (hereinafter “Defendant C”) is a new construction contractor upon receiving a contract from Defendant B for the instant apartment construction work.

3) Defendant D Co., Ltd guaranteed the Defendant C’s obligation to repair the defects of the instant apartment. (b) From August 6, 2008 to August 5, 2009, Defendant D Co., Ltd concluded a guarantee contract for the repair of the defects of the instant apartment from August 6, 2008 to August 5, 2009; and (c) Defendant C Co., Ltd, respectively, with Defendant D Co., Ltd, as indicated below, on August 6, 2008, between August 6, 2008 and August 5, 2010 to August 5, 1, 2010, 837,58,818; and (d) August 6, 2008 to August 5, 2011; and (e) August 6, 2008 to August 5, 2013 to August 6, 2013;

2) According to the terms and conditions of each of the instant warranty contracts, where Defendant DDR received a request for defect repair with respect to the defect that occurred within the warranty period for the instant apartment, but fails to perform it despite having received a request for defect repair, it would have to pay the guaranty creditor the cost of defect repair. 3) The instant apartment was inspected by the head of Daegu Metropolitan City on August 5, 2008 by the head of the Gu, Daegu Metropolitan City, and thereafter, the Plaintiff constituted the council of defect representatives of the instant apartment and the guaranty creditor of each of the instant warranty contracts was changed from the head of Seogu Metropolitan City to the Plaintiff

C. Defendant C did not construct the part of the defect and defect repair cost of the instant apartment in accordance with the design drawings regarding the instant apartment.