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(영문) 광주지방법원 2017.09.07 2016가합53451
하자보수금 등
Text

1. The plaintiff's lawsuit against the defendant architect office is based on subrogation of creditors.

Reasons

1. Basic facts

A. 1) The Plaintiff is the party to the instant housing. The Plaintiff is the party to the instant housing, which was constructed on the ground 1126th, Young-dong, Young-dong, Gwangju Mine-gu (hereinafter “instant housing”).

2) Defendant Puju Co., Ltd. (hereinafter “Defendant Puju”) is an executor who newly built and sold the instant housing, and Defendant Thai Construction Co., Ltd. (hereinafter “Defendant Thai Construction”) is a contractor who had contracted the construction of the instant housing from Defendant Puuju (hereinafter “instant construction”). Defendant Puju Co., Ltd. (hereinafter “Defendant Puju”) is a supervisor of the instant construction work. Defendant Duju Co., Ltd. (hereinafter “Defendant Construction Office”) is a supervisor of the instant construction work.

B. On August 2014, buyers entered into a contract with Defendant Puuju to purchase the instant housing (hereinafter “instant sales contract”) around August 2014. Of the terms of the instant sales contract, the parts relating to the instant contract are as follows.

The scheduled date of occupancy: Article 9 (2) of the "B (referring to multiple buyers)" of the Act on July 2015 (referring to the rate of discount, late payment, and late payment penalty if changed in accordance with the process) applies to "if the agreed payment date has elapsed due to the delay in the payment of the intermediate payment and the balance," "if the due date of the contract has been elapsed due to the delay in the payment of the intermediate payment, it shall be calculated by applying the overdue interest rate of the bank average credit rates of the deposit banks (as of November 2013, new handling amount, 4.50%) announced by the Bank of Korea at the time of the late payment period to the due date by adding the overdue interest rate of the bank at the time of the late payment period to the overdue interest (as of the contract date, 7% per annum, 6 months or less per annum, 8% per annum, 6 months or more per annum, 5% per annum under the Civil Act or the highest interest rate set by the bank at the highest interest rate for household loans)."

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