(영문) 서울남부지방법원 2020.06.23 2018가합105508

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2020.06.23 2018가합105508

하자보수에 갈음하는 손해배상 등 청구

Text

1. The plaintiff's lawsuit against defendant C is dismissed.

2. The Plaintiff:

A. Defendant B Co., Ltd. is 798,541.

Reasons

1. Basic facts

A. Status 1 of the parties concerned) The Plaintiff is the 311 household household in Yangsan-si (hereinafter “instant apartment”).

(2) Defendant B is an executor who newly constructed and sold the apartment in this case, and Defendant C is a contractor who constructed and sold the apartment in this case.

3) The Defendant Guarantee Corporation guaranteed the Defendant C’s obligation to repair the defects of the instant apartment. B. Around November 9, 2016, the Defendant Guarantee Corporation concluded a warranty contract with Defendant C to guarantee the Defendant C’s obligation to repair the defects of the instant apartment as indicated below (hereinafter “instant warranty contract”).

From the date of the 1D usage inspection for the guaranteed amount of guarantee number Nos. 215,903,775 won 2 E, 359,839,625 won from the date of the 3F usage inspection 575,743,400 won from the date of the 1D usage inspection for the guaranteed amount of guarantee number No. 1D 2 E, 359,839,625 won from the date of the 4 G usage inspection, 287,871,700 won from November 24, 2016, and the guarantee creditor of the instant apartment was changed to the Plaintiff in the Yangsan market. (C) Defendant C newly constructed the instant apartment and did not construct the part to be constructed in accordance with the design drawings, or did not perform the construction in a way different from the drawings or performed the construction in a way different from the drawings.

2 The Plaintiff continuously requested the Defendant C to perform the defect repair prior to the filing of the instant lawsuit at the request of the occupant and the sectional owner of the instant apartment.

The plaintiff who transferred the damage claim in lieu of the defect repair shall be the damage claim in lieu of the defect repair that the defendant has against the entire sectional owners from the 311 unit of the building in this case.

유사 판례

-창원지방법원마산지원 2020.06.24 2018가합100496

-인천지방법원 2020.12.08 2017가합53704

-서울중앙지방법원 2019.08.22 2016가합566981

-인천지방법원 2020.05.12 2018가합57109

-인천지방법원 2020.01.10 2017가합53599