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(영문) 서울중앙지방법원 2020.07.09 2019나27658
보증채무금
Text

1. Of the judgment of the court of first instance, KRW 3,320,643 against the Plaintiff and its related costs from July 1, 2015 to July 9, 2020.

Reasons

1. The reasons for the acceptance by the court of first instance are as follows, except that the part No. 6, No. 7, and No. 7, in the judgment of the court of first instance is used as follows, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The part of the Defendant's assertion "(1) as to the Defendant's assertion expires after the lapse of five years from the expiration of the extinctive prescription period of the first and second expenses for repairing defects and the third expenses for repairing defects, which are part of the damages liability amounting to KRW 54,146,591, which C bears against the Plaintiff under the instant subcontract. The Defendant's obligation to guarantee the Plaintiff's defect liability based on the instant contract for the defect repair has expired within the scope of the partial extinction of the said obligation, which is the principal obligation. (2) If the contract for construction works falls under commercial activities, the contractor's defect liability based on the said contract for the construction works ought to be considered to have been subject to the five-year extinctive prescription in principle pursuant to the main sentence of Article 64 of the Commercial Act (see, e.g., Supreme Court Decision 2009Da2511, Dec. 8, 2011); and the period of extinctive prescription of the Plaintiff's defect liability from the expiration of prescription period of each of each of the subcontract (see, 2008Da.).

However, as seen earlier, the Plaintiff conducted the first defect repair of the instant apartment from January 27, 2014 to March 31, 2014, and disbursed KRW 56,293,051 at its expense. From July 10, 2014 to August 31, 2014, the Plaintiff conducted the second defect repair of the instant apartment from July 10, 2014 to spent KRW 37,351,308 at its expense. From July 20, 2015 to August 31, 2015, the Plaintiff three defect repair of the instant apartment from July 20, 2015 to August 31, 2015.

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