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(영문) 부산지방법원 2020.10.14 2018가합46342
하자보수보증금 등 청구의 소
Text

The Plaintiff

A. Defendant B Co., Ltd.: (a) from September 11, 2018 for KRW 407,770,579 and for KRW 201,00,000 among them;

Reasons

1. Basic facts

A. Status 1 of the parties concerned ) The plaintiff is Busan Ho-gu A Apartment (hereinafter "the apartment of this case").

(2) Defendant B is a company that sold the instant apartment in lots, Defendant C is a company that constructed the instant apartment, and Defendant C is a corporation that entered into a guarantee agreement with Defendant B on the instant apartment, at the same time as an autonomous management organization composed of occupants for the management of 279 households. Defendant B is a corporation that entered into a guarantee agreement with Defendant B on the instant apartment.

B. On April 7, 2017, Defendant B and Defendant B entered into a contract for the warranty of defects (hereinafter “instant warranty contract”) with respect to the Defendant Corporation and the instant apartment on or around April 7, 2017, setting the guaranty creditor as the head of the Gu, and setting the guaranty creditor as the head of the Gu.

2) From the date of the pre-use inspection of D 1D 1D 1 D 1D 1 D 1 D 2 E 2 E 2 E 3 years from the date of the pre-use inspection, 26,233,973,736 3 years from the date of the pre-use inspection, 5 years and 266,233,585 212,986,868 total 1,064,934,340 10 years from the date of the pre-use inspection of G 4 G 585 10 years from the date of the pre-use inspection. 2) The special item column of the pre-use warranty bond issued under the instant guarantee contract is written as follows.

C. On April 25, 2017, the apartment of this case was inspected on or around April 25, 2017. Defendant C did not construct the part to be constructed according to the design drawing regarding the apartment of this case, or constructed the apartment in a defective manner differently from the drawing or in a defective manner, thereby causing a defect such as rupture, water leakage, etc. to the section for common use and section for exclusive use of the apartment of this case. (2) The Plaintiff is the date of the inspection on use

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