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(영문) 서울중앙지방법원 2019.01.30 2016가합542794
손해배상(기)
Text

1. The Plaintiff’s lawsuit against Defendant C Co., Ltd., which is KRW 141,113,119, and its amount fully paid from April 19, 2016.

Reasons

1. Basic facts

A. On October 24, 2008, Defendant B contracted Defendant C with the construction of a new apartment with three to one hundred and thirty-six households of Changwon-si, Sungwon-si (hereinafter “instant apartment”). After the completion of the construction of the new apartment, Defendant B completed the pre-use inspection on the instant apartment on October 24, 2008, and completed all the sales by each household around that time.

B. When Defendant C entered into each of the instant warranty contracts with Defendant D with respect to the instant apartment, Defendant C entered into each of the following warranty contracts with respect to the instant apartment, and designated the insured and the secured creditor as a creative viewing, and thereafter, the status of the said secured creditor was changed to the Plaintiff.

(2) The term “each of the instant warranty contracts” refers to the term “each of the instant warranty contracts”: (a) F 1F of the guaranteed coverage period from October 30, 2008 to October 29, 201; and (b) G flooring from October 382, 846,500 to October 29, 201; (c) roof 30 to October 30, 2008 to October 29, 201; and (d) roof 191,423, 2503 H columns; and (e) bearing walls from October 30 to October 30, 208 to October 29, 2018.

The occurrence of the defect in this case is a new construction of the apartment in this case, and the part that should have been originally constructed according to the design drawing was not constructed, or the defective construction or design drawing was modified and constructed differently from the design drawing. Accordingly, a large number of functional and aesthetic defects occurred over the section for common use and section for exclusive use of the apartment in this case. In addition, the appraiser I presented an opinion that there are defects such as the attached Table 1, 1, 2, and 2, 3, 5, and 10, 10, 3, 100 among the apartment in this case, except for the items that are not marked with repair expenses.

1) The case is about 122.5 households among the total 136 households of the apartment of this case (hereinafter referred to as "the case").

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