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1. Of the instant lawsuit filed by Plaintiff A, the part concerning the claim amounting to KRW 693,258,615 is dismissed.
2. The plaintiff A-appellant.
Reasons
1. Basic facts
A. Plaintiff A’s contract for work and performance 1) Defendant 10, Dong-dong 469 apartment units E (hereinafter “instant apartment unit”).
2) For the purpose of new construction and sale, the Plaintiff Co., Ltd. (hereinafter “Plaintiff A”).
3) Under the contract, waterproof construction works among the foregoing new construction works (hereinafter referred to as “instant waterproof construction works”) are contracted, and the contract is called “instant contract.”
(2) On May 31, 2005, Plaintiff A completed the instant construction work, and the Defendant settled the settlement amount of KRW 615,246,636 with respect to the instant contract.
3) On June 14, 2005, the Plaintiff A entered into a contract for the warranty of defects with the guarantee creditor as the Defendant on the guarantee creditor between the FF Association and the FF Association (hereinafter “instant guarantee contract”) from June 1, 2005 to August 31, 2005 (hereinafter “instant guarantee contract”).
B. B. A lawsuit seeking damages against the Defendant by the council of occupants’ representatives regarding the instant apartment, which did not construct the part to be constructed in accordance with the design drawings on the instant apartment, or changed the construction differently from the defective construction or design drawings, resulting in a defect in the function, aesthetic or stability of the instant apartment.
2) On January 9, 2009, the council of occupants’ representatives of the instant apartment filed a lawsuit against the Defendant seeking damages in lieu of defect repairs as Seoul Central District Court 2009Gahap2649, and the Defendant et al. appealed against this. On September 1, 2011, the Seoul High Court decided to recommend reconciliation (Seoul High Court 2010Na92461) such as “The Defendant shall pay KRW 80,00,000 as compensation in lieu of defect repairs to the council of occupants’ representatives’ representatives,” and the said decision became final and conclusive on September 22, 2011.
C. On November 9, 2010, the Defendant rendered a judgment of the first instance court on the claim for damages against Plaintiff A, etc. against the F Association and Plaintiff A, etc. at the Seoul Central District Court.