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(영문) 서울중앙지방법원 2020.09.16 2018가합576777
손해배상(기)
Text

1. The Plaintiff:

A. As to Defendant B’s KRW 884,345,216 and KRW 10,696,97, among them, Defendant B’s KRW 884,345,216 and KRW 10,697

Reasons

Basic Facts

A. 1) The Plaintiff is the Plaintiff of Sejong Special Self-Governing City A apartment (hereinafter “instant apartment”).

(2) Defendant B Co., Ltd. (hereinafter “Defendant B”) is an implementer and a contractor who newly built and sold the instant apartment, and the Defendant Housing and Urban Guarantee Corporation entered into a warranty contract on the instant apartment with Defendant B.

B. (1) On November 15, 2013, Defendant B guaranteed the obligation to repair the defects of the instant apartment on the part of Defendant B, as indicated below, with the Korea Housing and Urban Guarantee Corporation on November 15, 2013 (hereinafter “instant guarantee contract”).

(1) Around December 12, 2013 to December 12, 2014, the warranty period of which was 55,826,974 won from December 12, 2013 to December 12, 2013, to December 639, 567, 435 won from December 12, 2015 to December 12, 12, 2013 to December 51, 11, 2016 to December 13, 2013; Defendant 2: (a) received the notice of the instant sectional owner’s use on December 13, 2013 to December 12, 2013 to December 38, 2017; and (b) received the notice of the instant sectional owner’s use on December 13, 2013 to December 13, 2013 to 13, 2013.

3) As the Plaintiff, which is an autonomous management body of the instant apartment, was organized, the guarantee creditor of the instant guarantee agreement, was changed from the Administrator of the Multifunctional Administrative City Construction Agency to the Plaintiff. C. The Defendant B failed to perform the construction work of the instant apartment, or completed construction work by changing the design drawing differently from the construction drawing.

Accordingly, from February 18, 2014, the Plaintiff continuously requested the repair of the defects of the instant apartment from around February 18, 2014 to Defendant B at the request of occupants and sectional owners.

2. On the apartment of this case, the sum table by item of defect in the section for common use at present, and attached Form 2.

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