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(영문) 대구고등법원 2018.11.15 2018나20058
건물
Text

1. The defendant's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Defendant.

Reasons

1. The reasons why the court should explain in this decision are as stated in the reasoning of the judgment of the first instance except for the part of the grounds for the judgment of the first instance as stated in the following Paragraph (2) (Provided, That the part concerning the "Construction Mutual Aid Association" of the first instance court shall be excluded, and the part concerning the "Defendant Seoul Guarantee Insurance" of the grounds for the judgment of the first instance shall be all referred to as "Defendant") and the main sentence of Article 420 of the Civil Procedure Act shall be cited.

2. Parts to be dried;

A. The part of the first instance judgment of the first instance court regarding “3. Determination on the claim against Defendant Seoul Guarantee Insurance” was written by “2. Determination on the plaintiff’s claim”.

B. Part 7:2-5 of the judgment of the court of first instance shall be written in the following manner:

1) In around July 30, 2013, the date of filing the lawsuit prior to the Defendant’s assertion, which was the date of the lawsuit, around July 30, 2013, the Plaintiff was unable to expect the performance of the obligation to repair the defects related to the 40 and 5 complexes among the instant apartment from the slun Construction, etc., and thus, the Plaintiff’s failure to perform the said obligation to repair the defects has arrived, and thus, the occurrence of

However, the Plaintiff’s claim against the Defendant under the above insurance contract was filed more than two years after the lapse of the two years thereafter, and the Plaintiff’s right to claim against the Defendant expired.

2) As to the claim against the warranty period of one year, two years, three years, and five years of the Plaintiff’s assertion

(c) Parts 8, 13, 9, and 6, of the decision of the first instance shall be raised as follows.

3) As to the claim for defects of 10 years of guarantee period of the Plaintiff’s assertion, the right to claim may be exercised from the time when the occurrence of the insured events is specifically determined. Therefore, barring any special circumstance, the extinctive prescription is in accordance with Article 166(1) of the Civil Act.

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