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(영문) 대전지방법원 2020.01.15 2018가합104164
하자보수에 갈음하는 손해배상 청구
Text

1. As to KRW 1,127,156,848 among the Plaintiff and KRW 1,040,377,371 among them, the Defendant shall pay to the Plaintiff KRW 86,79,477.

Reasons

1. Basic facts

A. Status 1 of the parties concerned) The Plaintiff is Seo-gu Daejeon A Apartment (hereinafter “instant apartment”).

(2) Of the 16 units of 1,401 units (general 71 units of sale, 10 years of lease, 342 units of lease, 348 units of lease), the Defendant is an autonomous management body composed of the occupants of 711 units of general sale. (2) The Defendant is a project proprietor who newly constructed and sold the instant apartment, and the Defendant’s Intervenor is a contractor who has been awarded a contract for new construction or defect repair of the instant apartment from the Defendant.

B. On July 13, 2016, the Defendant obtained approval for the use of the instant apartment, and from that time, delivered each of the instant apartment units to the sectional owners of the instant apartment units. 2) In performing the new construction of the instant apartment, there was a defect such as rupture, water leakage, etc. in the section for common use and section for exclusive use of the instant apartment, by failing to execute the construction in accordance with the design drawing, or performing the construction in a defective manner differently from the design drawing, or performing the construction in a defective manner, resulting in an obstacle to the function, aesthetic, or safety of the instant apartment.

3) Accordingly, from July 14, 2016, the Plaintiff requested the Defendant and the Intervenor joining the Defendant to repair defects several times, and the repair work was carried out for some defects. However, the section for common use and the section for exclusive use of the instant apartment, such as cracks and water leakages, are still defective (hereinafter “instant defect”).

C. The Plaintiff transferred the claim for damages in lieu of the defect repair (i) from the sectional owners of 668 households among the total 711 households of the instant apartment units (hereinafter “the assignment household of the instant apartment units”) and the claim for damages in lieu of the claim for the defect repair claim and the corresponding damage claim, respectively, to the Defendant, by being delegated with the authority to notify the assignment of the said claim.

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