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(영문) 서울중앙지방법원 2016.07.27 2014가합61369
하자보수에 갈음하는 손해배상 등
Text

1. Defendant Es.S. Corporation: (a) KRW 578,708,440 for the Plaintiff and its related amount from December 8, 2015 to July 27, 2016.

Reasons

1. Basic facts

A. Status 1 of the parties) The Plaintiff is an apartment building A, which is the Eunpyeong-gu Seoul Metropolitan Government Ground Condominium (hereinafter “instant apartment building”).

(2) In order to manage 353 households, Defendant SAS Corporation (hereinafter “Defendant Corporation”) is an executor who sells the instant apartment, and the Defendant Construction Mutual Aid Association (hereinafter “Defendant Association”) entered into a warranty contract for the instant apartment with the gold industry Co., Ltd. (hereinafter “gold industry”) which is the contractor of the instant apartment.

B. On October 27, 2010, the key creditor with respect to the instant apartment as indicated in the following table was the head of Eunpyeong-gu and each contract for the repair of defects was concluded between the Defendant Union and the head of Eunpyeong-gu. On March 15, 2012, the guaranty creditor with respect to each of the instant apartment as indicated in each of the warranty contracts was 1 C/ 10 of the warranty period of the Plaintiff’s 129,291,5762 D. 1, 208, 208, 129, 208, 30, 129, 208, 30, 129, 576, 30, 15, 208, 206.

C. 1) The Defendant Corporation obtained approval from the head of Eunpyeong-gu on December 23, 2009 for the instant apartment on the following grounds: (a) the Defendant Corporation did not construct the instant apartment in accordance with the design drawings while constructing the instant apartment; or (b) constructed the instant apartment in a way different from the design drawings or defective construction; and (c) the Plaintiff continuously demanded the Defendant Corporation to repair defects from January 22, 2010 to December 9, 2014 after the occurrence of the defect. (b) The Defendant Corporation repair part of the defect.

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