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(영문) 대구지방법원 2020.02.14 2017가합209796
하자보수금등
Text

1. The Defendant’s KRW 788,665,595 among the Plaintiff and KRW 503,364,839 among the Plaintiff, shall be KRW 139,924,680 from December 27, 2017.

Reasons

1. Basic facts

A. (1) The Plaintiff is an autonomous management body consisting of 7 or more occupants of the 730-dong, Daegu Jung-gu, Daegu-gu (hereinafter “instant apartment”).

(2) The Defendant is a corporation established for housing projects and land development projects under the Local Public Enterprises Act, which newly built and sold the instant apartment, and the Intervenor joining the Defendant (hereinafter referred to as the “ Intervenors”) is the company that executed the instant apartment by being awarded a contract with the Defendant for the new construction of the instant apartment.

B. (1) On April 3, 2013, the Defendant obtained approval for the use of the instant apartment from the Daegu Metropolitan City Mayor, and around that time, delivered the instant apartment to the buyer and lessee.

(2) As the Intervenor did not perform the construction work of the instant apartment, or performed the construction work of the said apartment differently from the design drawings, there was a defect of rupture, etc. (hereinafter “instant defect”) in the section for common use and section for exclusive use of the instant apartment.

(3) From August 12, 2013, the Defendant continuously received a request for repair of defects from the Plaintiff and repaired some defects.

However, the apartment of this case still contains the same defects as indicated in the table of the expenses for repairing the defects in the separate section for common use (unit: unit) and the table of expenses for repairing the defects in the separate section for common use (unit: unit). To repair the apartment of this case, the parties’ assertion and determination as to the items incurred in the defect and the expenses for repairing the defects are examined in the following Section 2(A). The parties’ assertion and determination as to the expenses for repairing the defects are examined in the same cost as indicated in the following table of expenses (unit: unit: unit: unit). The parties’ assertion and determination as to the items incurred in the defect and the expenses for repairing the defects are examined in the following Section 2(a) of the same Article: 309,623,324, 35, 83, 868, 098, 7313,229, 229, 1629, 739, 15, 15, 699, 1399.

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