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(영문) 서울중앙지방법원 2017.04.27 2014가합568365
하자보수금
Text

1. Of the instant lawsuits, the part concerning the claim for 7,500,589 won and damages for delay shall be dismissed.

2. The defendant.

Reasons

1. Basic facts

A. The status of the party is the company that constructed and sold the instant apartment and commercial building (hereinafter referred to as the “instant apartment”) composed of 293 units of the sales facilities of the third underground floor and the fifth floor above the ground, which are composed of 40 units of the Gangseo-gu Seoul Metropolitan Government 131 (Crhodong-dong) and 3,226 units and ancillary facilities (hereinafter referred to as the “instant apartment”), and the defendant is the company that constructed the instant apartment and commercial building under contract with the plaintiff.

B. The Plaintiff entered into a contract and completed the instant apartment and commercial building) around 2004, as to the construction of the instant apartment and commercial building between the Defendant and the Defendant (hereinafter “each of the instant contract”).

(2) Around September 25, 2008, the Defendant completed the construction of the instant apartment and commercial building, and the Plaintiff received a pre-use inspection from the competent authority on the instant apartment and commercial building around that time.

C. As to the instant apartment, defects occurred and prior suit 1), with respect to the instant apartment, there were defects arising from the Defendant’s failure to construct the part to be built in accordance with the design drawing, or alteration of the construction differently from the defective construction or design drawing, and the council of occupants’ representatives, which is composed of the management of the instant apartment (hereinafter “council of occupants’ representatives”).

(3) On March 6, 2013, the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”) that entered into a warranty contract with the Plaintiff, the Defendant, and the Defendant on March 6, 2013, by acquiring from the sectional owners of the apartment of the instant apartment, the damage

(2) On May 1, 2015, the Seoul Central District Court filed a lawsuit against the Plaintiff seeking compensation for damages in lieu of defect repairs as Seoul Central District Court 2013Gahap17754.

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