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(영문) 인천지방법원 2019.11.26 2017가합57577

하자보수금 등 청구

Text

1. The Defendant’s KRW 1,403,539,124 among the Plaintiff and KRW 1,210,631,949 among them, shall be from August 15, 2017, and KRW 157,301,087.

Reasons

1. Facts of recognition;

A. Status 1 of the parties concerned) The plaintiff is a A apartment in the Nam-gu Incheon Metropolitan City G (hereinafter referred to as "the apartment of this case").

(2) The Defendant is a business entity that newly built and sold the instant apartment, and the Defendant’s Intervenor B Co., Ltd. (hereinafter “B”) is a construction contractor that newly built and sold the instant apartment, and the Defendant’s Intervenor C Co., Ltd. (hereinafter “C”) was a construction contractor that newly built the Hdong from Hdong from Jdong and Jdong from among the instant apartment, and the Defendant’s Intervenor C Co., Ltd. (hereinafter “C”) was a construction contractor that newly built Mdong, Ndong, Pdong, and Qdong from Ldong among the instant apartment.

Of the construction parts B, the Defendant Intervenor D Co., Ltd., Ltd., the Defendant’s Intervenor E Co., Ltd., and the Defendant’s Intervenor F Co., Ltd., were awarded a subcontract for electrical construction.

B. On June 14, 2012, the instant apartment building was approved for use on the part of June 14, 2012. However, in the process of constructing the instant apartment, the construction of the part to be constructed in accordance with the design drawing was not carried out, or any defect such as rupture, water leakage, etc. was caused to the section for common use and section for exclusive use, and the function, safety, or aesthetic view was impeded. 2) The Plaintiff continuously demanded the Defendant to repair various defects that occurred in the instant apartment on several occasions at the request of the occupants or sectional owners.

3) Despite the defect repair construction works for the apartment of this case, there still exist defects such as the sum table by the defect list of attached section 1 and the sum table by the defect list of attached section 2 as well as the defect list of attached section 2, which may hinder the functional safety and aesthetic beauty, and if the cost of the repair is summarized and adjusted according to the period of warranty liability, it is as shown in [Attachment 1] [Attachment 1] in the general sum table of defect repair expenses (the heat of the non-section 1 is after repair)