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1. The Defendant’s KRW 57,412,619 on its behalf, and KRW 6% per annum from January 4, 2018 to January 16, 2019, respectively, to the Plaintiff.
Reasons
1. Basic facts
A. 1) The Plaintiff is a business entity that constructed and sold 10 and 473 households (298 households in lots, 175 households) and 473 households (175 households in lots, hereinafter “the instant apartment”) located in Ku Government-si. 2) The Defendant is a guarantor that guarantees the Plaintiff’s obligation to repair the defects of the instant apartment, which had been contracted with the instant new apartment construction work (hereinafter “the instant construction work”), and has been constructed by the Plaintiff (hereinafter “D”).
B. The Defendant, who entered into a warranty contract, guaranteed the obligation to repair the defects of the instant apartment and E apartment in D with D (hereinafter “instant warranty contract”), entered into the following warranty contract (hereinafter “instant warranty contract”).
Serial Nos. 1 F. 55,311,435 from August 26, 2009 to August 25, 2010, G7 G 709,339,567 from August 26, 2011 to August 3, 2011, H 341,561,275 from August 26, 201 to August 25, 201, 85,631,546 from August 26, 201 to August 25, 2012 to 85,631,546 from August 26, 2009 to August 25, 2013; 91, J. 91, 239, 238; 205-6.84, Aug. 28, 2018;
Since the completion of the instant construction, D obtained approval for the use of the instant apartment, and obtained approval for the use of the instant apartment from the government market on August 26, 2009. (2) In constructing the instant apartment, D did not construct a part to be constructed in accordance with the design drawings, or revised differently from the design drawings, thereby causing defects, such as rupture and water leakage, in the common area and the section for exclusive use of the instant apartment. Accordingly, the instant apartment could have an impediment to the function, aesthetic or safety of the apartment.
3) Accordingly, the C Representative Council, an autonomous management body, which consists of occupants of the instant apartment, (hereinafter “instant council of occupants’ representatives”), continuously requested the Plaintiff to repair the defects at the request of occupants, etc. from March 2010.
Accordingly, the repair work was conducted for some defects in the apartment of this case.