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(영문) 대구지방법원 2021.01.15 2019가합206029
손해배상(기)
Text

The Plaintiff

A. Defendant B Co., Ltd.: (a) with respect to KRW 769,524,459 and KRW 532,00,000 among them, from July 2, 2019 to KRW 35.

Reasons

1. Basic facts

A. The Plaintiff is an autonomous management organization that consists of the occupants in order to manage A apartment (hereinafter referred to as “instant apartment”) 4 units and 277 units in D at the time of resident registration.

2) E Co., Ltd. is a project proprietor who constructed and sold the instant apartment, and the name of Defendant B was successively changed on August 19, 2019 to F Co., Ltd. and on June 29, 2020 to Defendant B (hereinafter collectively referred to as “Defendant B”). Defendant C is a contractor who completed the instant new apartment construction project under a contract. Defendant C is a contractor who has completed the construction project under a contract, and Defendant Housing Urban Guarantee Corporation guarantees the duty to repair defects after the use of the instant apartment.

B. On June 12, 2017, Defendant C entered into a defect repair guarantee contract (hereinafter “the instant guarantee contract”) with the Defendant’s Housing and Urban Guarantee Corporation and Residential Market as a guarantor to guarantee the use of the instant apartment, with respect to the duty to repair defects after the inspection of the use of the instant apartment, as follows.

From the date of the inspection of the use of the instant apartment around June 29, 2017, the Defendant B was inspected on the use of the instant apartment around 156,730,793 Hah 2 H 417,948,782 to 3 years from the date of the inspection of the use of 417,948,782 Hah 261,217,988 208,974,390 10 years from the date of the inspection of the use of J 208,974,390 1,044,871,9532) and delivered each section of exclusive ownership that he received from both parties from the time of the inspection of the use of the instant apartment around 2017.

(c)

1) Defendant B did not construct the part to be built in accordance with the design drawings in the course of selling and supplying the apartment of this case, or constructed by altering the same differently from the design drawings, or constructed in a defective manner, thereby rupture, etc. to the section for common use and section for exclusive use of this case.

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