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(영문) 부산지방법원 동부지원 2018.08.22 2016가합102244
손해배상(기)
Text

1. The Defendant’s KRW 87,237,670 for the Plaintiff and KRW 6% per annum from July 5, 2016 to August 22, 2018.

Reasons

1. Basic facts

A. 1) The Plaintiff is the party in the position of the Plaintiff, which is a lusheal apartment located in 41, Daegu Suwon-gu, Daegu-gu, (hereinafter “instant apartment”).

(2) The Defendant (hereinafter “Defendant, regardless of whether before or after the change of the name, regardless of whether it was before or after the change of the name) concluded a warranty contract for the instant apartment with Masung Co., Ltd. (hereinafter “Masung”) which is the executor of the instant apartment.

B. On May 30, 2006, the Co., Ltd. (1) Co., Ltd. (hereinafter “Co., Ltd.”) concluded a warranty contract with the Defendant and the head of the Si/Gun/Gu in Daegu Metropolitan City with the guarantee creditor as to the instant apartment on May 30, 2006 (hereinafter “each of the instant warranty contracts”). The terms and conditions of each of the instant warranty contracts are as follows.

The apartment of this case entered into a warranty contract and was issued by the Defendant on June 27, 2006. The apartment of this case was approved for use on June 27, 2006. The warranty period (unit) 10341206-2006-2001-001604 from June 28, 2006 to June 27, 2011 is 197,636,35120341206-2006-201-001605 from June 28, 2016 to June 27, 2016. As the Plaintiff, an autonomous management body of this case, constituted a guarantee contract period, the guarantee obligee of this case cannot be held liable to guarantee the defects that occurred before the warranty period, and the Plaintiff’s council of occupants’ representatives changed from the Daegu Metropolitan City to the guarantee obligee of this case under Article 60(2) of the Enforcement Decree of the Housing Act.

C. The 1st Co., Ltd. of the apartment of this case is defective when constructing the apartment of this case and constructing the apartment of this case according to the design drawing.

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