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(영문) 서울중앙지방법원 2019.04.10 2017가합537454

손해배상(기)

Text

1. Of the Plaintiff’s lawsuit against Defendant B, the part claiming KRW 509,336,659 and damages for delay.

Reasons

1. Basic facts

A. The parties 1) The plaintiff is the 11-dong 635 apartment units A in Sungsung-si (hereinafter "the apartment unit of this case").

(2) A Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”) is an autonomous management body consisting of the occupants. (2) A Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”) is an executor who constructed and sold the instant apartment building. Defendant B is a company that constructed the instant apartment after being awarded a contract with the Nonparty Co., Ltd. for the construction of the instant apartment, and Defendant

B. The warranty period of No. 1 D 1D 26 December 26, 2012 to December 25, 2013 (1 year), 22,463,280 2 E 806,158,203 F 203 from December 26, 2012 to December 25, 2014 (2 years), and Defendant 204,926,560,560-4, 206, and 204, 205, and 206-4, 204, 205, 205, and 29, 206-4, 25, 2016-4, 206-4, 206-4, 25, 2016-6, 25, 206-16, 25, 2016-6, 25, 2016.

(2) The instant apartment was inspected on December 14, 2012, and thereafter the secured creditor of the instant guarantee agreement was changed to the Plaintiff in the chemical market.

C. Defendant B did not construct the part to be constructed in accordance with the design drawings while newly constructing the instant apartment, or constructed the apartment differently from the drawings or poorly, thereby causing a defect to the section for common use and section for exclusive use of the instant apartment. Accordingly, the Plaintiff and the head of the management office of the instant apartment from July 29, 2013 to March 17, 2017, upon the request of occupants and sectional owners, requested the Defendant B to repair the defect several times. 2)