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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Based on the facts, the defendant is an autonomous management body organized by the occupants in order to manage the A Apartment 8, 451 households and their ancillary facilities (hereinafter referred to as the "the apartment of this case") in Ulsan-gun, Ulsan-gun, Ulsan-gun, the defendant is an executor who constructed and sold the apartment of this case and the B Co., Ltd. (hereinafter referred to as the "the company of this case") is a contractor who constructed and sold the new apartment of this case, and the plaintiff is a contractor who executed the new
The Defendant, on June 3, 2013, filed a lawsuit against the Plaintiff for the payment of damages in lieu of the defect repair against the Plaintiff, by the Ulsan District Court 2013Gahap3879, in lieu of the right to claim compensation in lieu of the defect repair of the instant apartment from the sectional owners of the instant apartment (hereinafter “instant lawsuit”). On January 13, 2016, the Defendant received a partial favorable judgment from the said court.
The Defendant appealed against the above judgment as Busan High Court Decision 2016Na561 (hereinafter “instant appellate court lawsuit”), and the appellate court rendered a judgment on May 26, 2016 that “the Plaintiff shall pay damages 1,200,708,652 to the Defendant in lieu of defect repair and damages for delay,” and the above judgment became final and conclusive by the Supreme Court’s dismissal on September 30, 2016.
(2) The Plaintiff and the representative director C of the instant company, as Seoul Central District Court Decision 2014Hu14273, Mar. 12, 2014, are deemed to be “the instant final and conclusive judgment,” and the Defendant’s claim pursuant to the instant final and conclusive judgment is “the instant damage claim.” Meanwhile, the Plaintiff’s payment order in the instant case, as Seoul Central District Court Decision 2016Na561, Mar. 12, 2014, as the payment order in the instant case and the instant