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(영문) 서울중앙지방법원 2017.04.26 2016가합503225
손해배상(기)
Text

1. As for Defendant Digital Construction Co., Ltd, Defendant Digital Construction Co., Ltd, the Plaintiff KRW 145,233,655 and its related amount from January 30, 2016 to April 26, 2017.

Reasons

1. Basic facts

A. The plaintiff is the party 1) The plaintiff is the 10-household 100 unit of dibaba apartment located in 7-gil 16, Guro-gu Seoul Metropolitan Government (hereinafter "the apartment of this case").

In order to manage the apartment building, the council of occupants' representatives consisting of occupants. 2) Defendant Digital Construction built the apartment building in this case as the implementer and sold it in lots.

3) The Defendant Construction Mutual Aid Association guaranteed the obligation to repair the defects of the instant apartment of Defendant Dian Construction. B. On October 29, 2010, Defendant Dian Construction Co., Ltd. entered into the instant guarantee agreement with the Defendant Construction Mutual Aid Association and the instant apartment as the head of Guro-gu with the guarantee creditor as to the apartment of this case as indicated below (hereinafter “instant guarantee agreement”).

The guaranty creditor of the instant contract was changed to the Plaintiff. The guaranty creditor of the instant contract was changed to the number 12010, 20180796 column (unit) from October 27, 2010 to October 26, 2020, 20108, 2000-8097, floor, 2000-80-36, 06-10-6, 206-10-6, 208-6, 207-10-6, 208-6, 200-6, 200-6, 200-6, 200-7, 200-6, 200-7, 200-6, 200-7, 2010-10-36, 204, 201-6, 204, 2010-6, 2010-4, 2010

C. The instant apartment was inspected on October 27, 201 for the pre-use inspection and the repair of defects of the instant apartment.

On the other hand, the construction of the apartment of this case, which was newly constructed by Defendant Digital Construction, did not construct the part to be constructed in accordance with the design drawing, or revised differently from the design drawing and constructed the apartment of this case, thereby causing defects such as rupture and water leakage to the section for common use and section for exclusive use. Accordingly, the function and aesthetic view of the apartment of this case is as follows.

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