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1. The part of the Plaintiff’s lawsuit against Defendant C, which claimed KRW 111,131,078 and its delay damages.
Reasons
1. Facts of recognition;
A. The status of the parties is the autonomous management body composed of the occupants in order to manage “A apartment” (hereinafter “the apartment of this case”) located in Ulsan-gu, Ulsan-gu. Defendant B Co., Ltd. (hereinafter “Defendant B”) is the executor who sold the apartment of this case, and Defendant C Co., Ltd. (hereinafter “Defendant C”) is the contractor who executed the new construction of the apartment of this case (hereinafter “the new construction of this case”). Defendant C Co., Ltd. (hereinafter “Defendant C”) is the contractor who executed the new construction of the apartment of this case from Defendant B, and Defendant Korea Housing and Urban Guarantee Corporation guaranteed Defendant C’s obligation to repair the defects of the apartment of
B. The use approval and defect occurrence 1) of the instant apartment was approved on May 31, 2013, but there was a defect, such as cracks, water leakages, etc., in the instant apartment, by failing to construct or arbitrarily altering the part to be constructed in accordance with the design drawing while performing the instant new construction project, or by performing erroneous construction and defective construction. Accordingly, there was an obstacle to the function, aesthetic or safety of the instant apartment. 2) The sectional owners of the instant apartment and the Plaintiff requested defect repair from Defendant B and C on several occasions, but still there still remains the same defect as indicated in the attached Table to the section for common use and section for exclusive use of the instant apartment and section for exclusive use (hereinafter “the instant defect”). The detailed defect repair cost description to repair the instant defect is as follows.
(3) The elements set forth in paragraph 3 are all reflected, and even if the items are not separately determined, if the appraiser revises errors or alters his opinion through the inquiry inquiry inquiry inquiry inquiry, the defect repair cost was calculated by reflecting such modified and supplemented results. (Unit: : hereinafter the same shall apply) The one year following the approval for the use of the classification before the approval for the use of the classification.