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(영문) 대구지방법원경주지원 2020.03.31 2017가단11202
손해배상(건)
Text

1. The part concerning the creditor subrogation claim among the plaintiff's lawsuit shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

Basic Facts

On October 25, 2012, E engaged in the new construction and sales business of officetels in the name of “D”, Defendant B Co., Ltd. (hereinafter “Defendant Company”) awarded a contract for the construction of five-story business facilities (total 12 households; hereinafter “instant officetels”) on FY-si’s ground (hereinafter “instant construction”) at KRW 816,30,000 of the contract amount (excluding value-added tax) (hereinafter “instant contract”).

E, on October 25, 2012, in order to secure the defects of the instant construction, in relation to G apartment H owned by the Defendant Company, as of October 25, 2012, completed the registration of creation of a collateral security (hereinafter “instant collateral security”) with the debtor company and the maximum debt amount of KRW 200 million.

The Defendant Company commenced the instant construction on March 21, 2013 and obtained approval for the use of the instant officetel on October 2, 2013.

E requested the Defendant Company I (hereinafter referred to as “I”), which is a specialized institution in the safety examination immediately after the above approval for use. On October 2013, 2013, after receiving a defect diagnosis report from a police officer I, E requested the Defendant Company to repair 21 items of the defect in the section of exclusive ownership and 22 items of the defect in the section of exclusive ownership. On November 201, 2013, E requested the Defendant Company to perform a defect diagnosis report from the end of the same month, and requested the Defendant Company to repair 7 items of the defect in the section of exclusive ownership and 3 items of the defect in the joint ownership.

On December 30, 2013, the Defendant Company filed a lawsuit against E seeking payment of the remainder of KRW 576,430,000 from this Court 2013Gahap1921. On February 25, 2014, E and the Defendant Company entered into an agreement with respect to the defects of the instant construction (hereinafter “instant agreement”) as follows.

Agreements

4. According to the agreement of this case, E is the location of the main place of the construction of the instant officetel, the defect of the location of the main place of the construction of the instant officetel, the occurrence of interference with the main place of the river, and the Jeju Boslve, the occurrence of interference with the main place of the river, the color of the body of the

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