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(영문) 부산고등법원 2017.04.12 2016나1519

손해배상

Text

1.The judgment of the first instance shall be modified as follows:

(1) Defendant Hyundai Construction Co., Ltd. shall be 893,970.

Reasons

1. citing the assertion about the facts of recognition, the occurrence and scope of defects, and the corresponding parts of the judgment of the court of first instance (including each attached Form) in accordance with the main sentence of Article 420 of the Civil Procedure Act. However, the part of the third part of the judgment of the court of first instance, “Defendant Hyundai Construction Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) shall be deemed to be “Defendant Co., Ltd., as a joint project proprietor and a joint project proprietor,” in relation to the new construction and sale of an apartment, as “the contractor shall be the contractor and the project owner,” and the defect in the apartment of this case shall be confirmed to have occurred within the defect warranty period as stipulated in the relevant Acts and subordinate statutes, and the amended list and the damages

A total of 121,05,05 square meters for 2 years and 4 years before the sectional pre-use inspection. 387,218,061,647,629,727,727,732,732,779,284, and the total of 25 years and households with 205 square meters for 2 years and 4 years for 2 years and 5 years for 2 years and 4 years for 5 years for 3 years and 4 years for 10 years for 5 years, 218,218,06, 121,647, 647, 727, 727, 732, 078, 284, 286, 364, 286, 207, 284, 207, 367, 2084, 2085, 286, 2084, 2067

Among the cost of repairing defects in exclusive areas for exclusive use, the cost of repairing defects in the households that sell in lots is KRW 366,179,812 (of them, the cost of repairing defects after a pre-use inspection is KRW 55,812,503), and it is KRW 387,212,612.

2. Claim against the defendant company

A. In full view of the main claim (1) general claim No. 2-2 and No. 30, the sales contract for the general sale portion among each of the households of the apartment of this case is entered as the seller and the contractor, and the defendant company has sold in general.