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(영문) 인천지방법원 2020.09.22 2018가합55325
손해배상(건)
Text

1. Defendant A Co., Ltd. shall list each of the amounts stated in the “personal fee” column of attached Table 2 to the Plaintiffs, as well as the same list.

Reasons

(b) cannot be seen;

[Attachment. Ⅱ. 2. 2. 3] The scope of the defendant company's liability for warranty is unreasonable solely on the ground that malodor was produced in the sewage room of each household bath and kitchen malodor.

[Recognition of a Claim, Non-existence of Defects] As to the grounds for determining this part of the item as a defect due to a mistake in the construction work, the appraiser responded that "at the plaintiff's request for appraisal, it is difficult to accurately determine whether the malodor in the toilet and other drainage devices was due to the defendant's fault in the construction work at the present time," and that the apartment of this case has passed six years from the date of inspection of the use to the date of the appraisal of the defect, this part cannot be recognized as a defect.

[Attachment. Ⅱ. C. 1] The appraiser presented his opinion that the waterproof dump should be constructed to prevent water leakage at his own discretion, even though the use approval drawings of the apartment of this case and other instructions, relevant laws and regulations, construction work standard specifications, etc. are not constructed.

Therefore, the cost of repairing defects in this part cannot be recognized as not satisfying the appraisal standard.

【Rejection of Claim” (including the rejection of Claim, Defect) The construction of a waterproof of the outdoor equipment room of the apartment of this case is specified in the construction specifications of the apartment of this case, and thus the failure to construct the apartment of this case constitutes a defect.

[A. Ⅱ. c. 3] Apartment 149 apartment 2's shower room 2's shower room 149 apartment was constructed differently from the approved drawings.

Even if the sale contract is made by presenting in advance the model of the bath room, shower, etc. to the public house, the sale contract is made.

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