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(영문) 광주고등법원 2020.10.14 2020나20172

하자보수에 갈음하는 손해배상 등 청구

Text

The judgment of the first instance court is modified as follows. A.

Defendant B Co., Ltd. is 676,766,630 won and this.

Reasons

1. Basic facts

A. 1) The Plaintiff is an apartment A in Gwangju Mine-gu (hereinafter “instant apartment”)

(2) For the management of 434 households, D Co., Ltd. is an autonomous management body composed of occupants to construct and sell the instant apartment, and Defendant B is a contractor who has been awarded a contract for the construction of the instant apartment from D Co., Ltd., and Defendant Housing Corporation [the name of Korea Housing Guarantee Corporation under Article 4 of the Addenda to Housing and Urban Fund Act (hereinafter “Defendant Housing Corporation”) was changed to that of Korea Housing and Urban Guarantee Corporation; hereinafter “Defendant Housing Corporation”] is a guarantor who has entered into a warranty contract with Defendant B for the defects after the inspection of the instant apartment after the use of the apartment.

3) On October 5, 2015, Defendant B (around October 5, 2015, merged Company D and succeeded to the rights and obligations of Company D as the executor of the instant apartment complex. (b) Defendant B entered into a defect liability contract with the Defendant Housing Corporation and the Gwangju Mine Office as the guarantee creditor, and entered into each of the defect liability warranty contracts for the instant new apartment construction works as indicated below (hereinafter “each of the instant warranty contracts”) and was issued by the Defendant Housing Corporation.

After the Plaintiff, which is an autonomous management body of the instant apartment, was organized, the guarantee creditor of each of the instant guarantee contracts of the instant case, was 434,280,8253 on May 30, 2015, and 347,424,660,660 on May 31, 2013, 17, 2015, and 17347,424,560 on May 30, 2015, 205, and 268,585, 305, 2065, May 30, 2015 (205, 305, 205, 205, 206, 305, 205, 305, 205, 305, 205, 165, 205, 305, 205, 2065, 205, 155, 365, 16

2. Defendant B obtained approval for the use of the instant apartment on June 3, 2013, and around that time, the instant apartment.