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(영문) 인천지방법원 2021.02.17 2017가합57119

하자보수금 등 청구의 소

Text

Defendant’s KRW 728,617,960 and KRW 301,00,00 among the Plaintiff and KRW 728,617,960 from August 22, 2017, and KRW 423,579,014.

Reasons

1. Facts of recognition;

A. The Plaintiff is an autonomous organization that consists of the representatives of the occupants in order to manage the 8-dong and 566-dong and its auxiliary facilities (hereinafter “instant apartment”).

2) The Defendant is a project undertaker who sold the above apartment around November 201, and the Intervenor C Co., Ltd. (hereinafter “C”) of the Defendant’s assistant intervenor Co., Ltd. (hereinafter “C”) received construction and mechanical engineering works from the Defendant during the instant apartment construction, and the Defendant’s assistant intervenor B Co., Ltd. received construction and installation works from the Defendant, respectively.

B. 1) The apartment complex was delivered to both parties around that time with the approval of the use on March 12, 2014.

2) In the process of constructing the above apartment, there were defects such as rupture, water leakage, etc. in the section for common use and the section for exclusive use of the above apartment by failing to construct the part to be constructed in accordance with the design drawing, or falsely constructing the said apartment differently from the design drawing, and causing problems to the function, safety, and aesthetic view.

3) Accordingly, the Plaintiff requested the Defendant to repair the defects that occurred in the above apartment. Although the Defendant partially repaired the defects, there still exist such defects as described in the separate sheet of the defect in the attached section for common use and the separate sheet of the defect in the attached section for common use, and the repair costs are as described in the separate sheet of the total sum of the defect in the attached section for common use, and the following items were also included in the calculation of the repair costs for the defects as follows (the part also was calculated on the basis of the head, and all of the items determined in the following as to the assertion by the original and the Defendant and the Intervenor joining the Defendant as to whether or not the defect was included). [The comprehensive table of repair costs for the defects] (the unit: : 52,164, 234, 246, 71305, 307, 3784, 3786, 4757, 196, 2574, 2057, 20757, 2747, 37574, 3746, 137