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(영문) 수원지방법원안양지원 2019.06.21 2016가합104352

하자보수에 갈음하는 손해배상 청구의 소

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1. As to KRW 4,350,288,200 among the Plaintiff and KRW 3,695,642,721 among the Plaintiff, the Defendant shall start from April 28, 2017, and 654,645.

Reasons

1. Basic facts

A. Status 1 of the parties concerned) The Plaintiff is an apartment of the Gu A Apartment-gu (hereinafter “instant apartment”) during Ansan-si.

(2) The Defendant is a project proprietor who newly built and sold the instant apartment, and D Co., Ltd. (hereinafter “D”) entered into a contract with the Defendant and newly built the instant apartment.

On the other hand, the Intervenor B Co., Ltd. (hereinafter “B”) committed the instant apartment construction works, and the Intervenor C Co., Ltd. was awarded a contract for the electrical construction of the instant apartment.

B. 1) The instant apartment was subject to a pre-use inspection on April 27, 2012, and around that time, each of the instant apartment units was sold in lots, and each of the relevant households was delivered to the sectional owners. 2) In the process of constructing the instant apartment units, there were defects such as equal heat and water leakage in the public and exclusive areas for use by either failing to construct a part of construction in accordance with the design drawing, or performing construction in a way different from or inadequate from the design drawing, and the Plaintiff demanded the Defendant’s remuneration on several occasions from February 13, 2013.

3) Although some defects of the apartment of this case were repaired, they still have the same defects as stated in the separate sheet by the defect list by the section for common use and the separate sheet by the defect list by the section for common use and the separate sheet by the defect list by attached Table 2 (hereinafter “instant general defects”).

(2) The defect in the spug pipe pipeline between the section for exclusive use and the section for exclusive use (hereinafter referred to as “instant spug pipe pipeline defect”).

In order to repair the defects in the instant singler pipes and of the instant singler pipes, the costs equivalent to the amount indicated below (this part of the table is the main criteria, and even if there are items not separately determined below, the errors are corrected or corrected according to the result of each request for the supplementation of the appraiser E by the court.