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(영문) 서울중앙지방법원 2020.04.29 2018가합568288

하자보수에 갈음하는 손해배상 등 청구

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1. The Plaintiff:

A. As to Defendant B Co., Ltd.: KRW 1,55,917,114 and KRW 1,511,341,312 among them, Defendant B Co., Ltd.: < Amended by Act No. 1610, Dec. 12, 2018>

Reasons

1. Basic facts

A. 1) The Plaintiff is the Plaintiff of Sejong Special Self-Governing City A apartment (hereinafter “instant apartment”).

(2) Defendant B Co., Ltd. (hereinafter “Defendant B”) is an implementer and a contractor who newly built and sold the instant apartment, and the Defendant Korea Housing and Urban Guarantee Corporation entered into a warranty contract with Defendant B on the instant apartment.

3) The Defendant B’s assistant intervenor is the company that subcontracted the elevator construction among the new apartment construction works in this case from the Defendant B. (b) From the guarantee period of No. 585,035,023,451 from the date of pre-use inspection (of March 31, 2015), 1 year and 390,023,4512 from the date of pre-use inspection (of March 31, 2015, March 31, 2015), Defendant B’s assistant intervenor guaranteed the duty of warranty from the date of pre-use inspection (of March 31, 2015, 780,046,896 4 years and 585,035,1725, 1725, 2015, 20535, 2015, 20537, 2015, 315, 2015).

2) Around September 14, 2012, Defendant B published a public announcement of the instant apartment, and around that time, after undergoing a pre-use inspection on March 31, 2015, delivered the instant apartment units to sectional owners. After that, the Plaintiff, an autonomous management organization of the instant apartment, was organized, the guarantee creditor of the instant guarantee contract was changed from the Administrator of the Multifunctional Administrative City Construction Agency to the Plaintiff. C. Defendant B failed to perform the construction of the instant apartment units while constructing the new apartment units, or executed the construction by changing the design drawings differently from the design drawings.

Accordingly, the Plaintiff is the occupant and the occupant from September 25, 2015.