하자보증금 등
1. The plaintiff's appeal is all dismissed.
2. The plaintiff's defendant SK (SK) added at the trial.
1. The reasoning for the court’s explanation on this part of the basic facts is as stated in the corresponding part of the judgment of the court of first instance, except where “the instant sales contract” is deemed as “the instant sales contract” (the main contents of the instant sales contract are as indicated in the attached Form), and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination as to the cause of action
A. In the primary claim against the Defendant Company, the Defendant Company, a contractor, is liable for the warranty against defects in the instant commercial building or for default on the development of democratic industrial development, which is the seller under Article 14 of the sales contract of this case. According to Articles 7 and 8 of the sales contract of this case, the buyer of the instant commercial building who succeeded to the status of development of democratic industrial development, has the right to claim for damages directly against the Defendant Company, the contractor, as the contractor, and the damages arising from the nonperformance. Therefore, the Defendant Company, who acquired the right from the buyer, has the duty to pay the Plaintiff the amount of money claimed as compensation in lieu of defect repair or due to default
Preliminaryly, even if the buyer's direct right to the Defendant company is not recognized, the Defendant company is liable for the warranty or default on the development of the democratic industry, and the development of the democratic industry is insolvent. Therefore, the Defendant company is liable to pay the Plaintiff the amount of money stated in the claim against the Defendant company in lieu of defect repairs in the democratic industry development or the Plaintiff who subrogated the damage claim due to nonperformance.
B. Since the Defendant Union guaranteed the obligation to repair defects in the instant commercial building of the Defendant Company, the purport of the claim is stated in the Plaintiff.