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(영문) 서울고등법원 2017.04.14 2016나2059547
하자보수에 갈음하는 손해배상 등
Text

1.The judgment of the first instance shall be modified as follows:

The Seoul Housing Corporation shall provide the Plaintiff with KRW 595,731,806.

Reasons

1. Basic facts

A. Status 1 of the parties) The Plaintiff is an apartment building A, which is the Eunpyeong-gu Seoul Metropolitan Government Ground Condominium (hereinafter “instant apartment building”).

(2) The Defendant Seoul Housing and Urban Corporation (hereinafter “Defendant Corporation”) is an executor who sells the instant apartment, and the Defendant Construction and Urban Cooperative (hereinafter “Defendant Association”) concluded a warranty contract for the instant apartment with the Gold Industrial Co., Ltd. (hereinafter “gold Industry”) which is the contractor of the instant apartment.

B. On October 27, 2010, the key creditor with respect to the instant apartment as indicated in the following table was the head of Eunpyeong-gu and each contract for the repair of defects was concluded between the Defendant Union and the head of Eunpyeong-gu. On March 15, 2012, the guaranty creditor with respect to each of the instant apartment as indicated in each of the warranty contracts was 1 C/ 10 of the warranty period of the Plaintiff’s 129,291,5762 D. 1, 208, 208, 129, 208, 30, 129, 208, 30, 129, 576, 30, 15, 208, 206.

C. 1) The Defendant Corporation obtained approval from the head of Eunpyeong-gu on December 23, 2009 for the instant apartment, and the Defendant Corporation did not construct the part to be constructed in accordance with the design drawing while constructing the instant apartment, or constructed the instant apartment in a way different from the design drawing or defectively, thereby causing a defect such as rupture and water leakage to the section for common use and section for exclusive use of the instant apartment. The Plaintiff continuously demanded the Defendant Corporation to repair the defects from January 22, 2010 to December 9, 2014 after the defect occurred. The aggregate of the cost of separate defect repair (the cost of pre-use inspection) (the cost of inspection).

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