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(영문) 부산지방법원 동부지원 2018.05.17 2016가합101678
손해배상(기)
Text

1. The plaintiff

A. Defendant B Co., Ltd.: (a) KRW 488,152,307; and (b) from April 26, 2018 to May 17, 2018.

Reasons

1. Basic facts

A. The plaintiff is a party to the dispute 1) The plaintiff is a A apartment located in the Gyeongnam-gun, Gyeongnam-gun C (hereinafter referred to as "the apartment of this case").

(2) In order to manage 330 households, Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company that constructed and sold the instant apartment complex. The Defendant Korea Housing and Urban Guarantee Corporation (D Co., Ltd., according to Article 4 of the Addenda to the Housing and Urban Fund Act, its name was changed to the Korea Housing and Urban Guarantee Corporation; hereinafter “Defendant Guarantee Corporation”) is a corporation with the purpose of selling the housing built and supplied by the project proprietor under the Housing Act and guaranteeing the sale of housing and guaranteeing the repair of defects, etc.

B. On December 1, 2014, Defendant B entered into a warranty contract with Defendant Guarantee Corporation and each of the warranty contracts (hereinafter collectively referred to as “each of the warranty contracts of this case”) with respect to the apartment of this case, and was issued by Defendant Guarantee Corporation, respectively.

Since then, the guarantee creditor of each guarantee contract of this case was changed to the plaintiff.

The guaranteed amount of the No. 1 T. 72,259,382 from the date of the pre-use inspection 1 E. 1 E., to the date of the pre-use inspection 180,648,453 G from the date of 2 year 180,648,453 G from the date of the pre-use inspection 144,518,765 4 H from the date of the pre-use inspection 108,389,073 5 108,389,073 from the date of the pre-use inspection 10 years from the date of the pre-use inspection 6 J. 10

C. On December 11, 2014, the instant apartment building was inspected on the usage inspection and defect 1, 2014, and the Defendant B, in the process of constructing the instant apartment, failed to construct the part to be constructed according to the design drawing, changed at will, or constructed by changing the construction differently from the design drawing, thereby causing a defect such as rupture, etc. to the section for common use and section for exclusive use of the instant apartment. Accordingly, the instant apartment is functional, aesthetic, and scenic, in the instant apartment.

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