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Reasons
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(영문) 서울중앙지방법원 2019.02.15 2017가합547567
하자보수에 갈음하는 손해배상청구의 소
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1. The plaintiff's lawsuit against the defendant C and D is dismissed.

2. Defendant B Co., Ltd. is the Plaintiff on 781.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is an aggregate building A (hereinafter “the instant aggregate building”) in Gyeonggi Kimpo-si.

(2) In order to manage a commercial building, Defendant B Co., Ltd. (hereinafter “Defendant B”) is a business entity that constructed and sold the instant aggregate building. Defendant C Co., Ltd. (hereinafter “Defendant C”) is a contractor that constructed the instant aggregate building upon entering into a contract with Defendant B (hereinafter “instant contract”) and constructed the instant aggregate building, and Defendant D Co., Ltd (hereinafter “Defendant D”) guarantees the obligation to repair the defects of Defendant C’s aggregate building.

B. The instant aggregate building was approved for use on April 22, 2014, and Defendant C concluded a guarantee insurance contract with respect to Defendant D and the instant aggregate building on June 2, 2014, setting the insurance coverage amount of Defendant B, the insurance coverage amount of Defendant D and the instant aggregate building as KRW 368,279,775, and the insurance coverage period from April 23, 2014 to April 22, 2016.

C. 1) Defendant C did not construct the part to be constructed in accordance with the design drawing while constructing the instant aggregate building, or constructed it differently or poorly from the drawings, thereby causing a defect such as rupture and water leakage. Since July 2014 after the occurrence of the defect, the Plaintiff continuously demanded the repair of the defect to Defendant C and the section for exclusive use of the instant aggregate building from July 2014. However, the instant aggregate building still remains as a defect, such as the rupture in attached Tables 1 and 2 list of defects (hereinafter “instant defect”).

1) The Plaintiff is a 98 household among 106 households of the instant aggregate building (hereinafter “transfer household of this case”) in lieu of defect repair.

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