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(영문) 수원지방법원안산지원 2015.07.09 2013가합6138
손해배상(기) 등
Text

1. The plaintiff's damages for delay and 1,386,045,404 won among the lawsuits against defendant Yangsan Construction Co., Ltd.

Reasons

1. Basic facts

A. 1) The Plaintiff is the party to the instant apartment complex 1,248 units and ancillary facilities (hereinafter “instant apartment complex”) in light-gu.

(2) Defendant 2 Construction Co., Ltd. (hereinafter “Defendant 2 Construction”) is a contractor who has completed the construction of the instant apartment by being awarded a contract for the construction of the instant apartment from the B Apartment Housing Reconstruction Project Association (hereinafter “Non-Party Association”). Defendant 2 Construction Mutual Aid Association is a person who has concluded a warranty contract with Defendant 2 Construction.

B. On September 25, 2009, Defendant Twosan Construction Co., Ltd. entered into a contract for the repair of defects and usage inspection (hereinafter “instant contract for the repair of defects”) with the Defendant Construction Mutual-Aid Association on the guarantee creditor as to the instant apartment as a optical market as set forth below (Attachment 1).

A) A contract guarantee of the instant apartment is concluded and issued by the Defendant Construction Mutual Aid Association. On the other hand, Article 2(3) of the letter of warranty of the instant apartment is deemed to be changed to the council of occupants’ representatives in the foregoing optical market if the council of occupants’ representatives is constituted. On October 30, 2010, D950,380,940 on October 29, 201, 2009; on October 30, 201, the instant construction was completed on October 30, 201; on October 30, 2011, E1,425,571,409; on October 30, 201; on October 30, 2009; on October 4, 2012; on October 5, 207, 2005; on October 19, 2015; on October 30, 2012;

C. As to the construction of the apartment in the instant case, the construction of Defendant 1, 200, did not construct the part to be built in accordance with the design drawing, or performed an defective construction or a modified construction, there was a defect such as rupture and water leakage in the common area and the section of exclusive ownership of the instant apartment.

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