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(영문) 대구지방법원서부지원 2016.06.30 2013가합2291
손해배상(기)
Text

1. The part of the plaintiff's motion for subrogation against the defendant promotion enterprise corporation is dismissed.

2. Defendant.

Reasons

1. Basic facts

A. 1) The Plaintiff’s status as the parties to the instant apartment is as follows: (a) the promotion agent, fluenc apartment, 5, 664, Dong-dong, 5, and 64 (hereinafter “instant apartment”).

(2) The Defendant Promotion Enterprise Co., Ltd. (hereinafter “Defendant Promotion Company”) is a company that has executed a new construction work of the instant apartment after being awarded a contract.

B. On December 5, 2007, the Defendant promoting company that entered into a warranty contract has changed from July 1, 2015 to the current name pursuant to Article 4 of the Addenda to the Housing and Urban Fund Act of the Defendant Housing and Urban Guarantee Corporation (amended by Act No. 12989, Jan. 6, 2015).

With respect to the apartment of this case, each contract for the warranty of defects (hereinafter collectively referred to as the "contract of this case") as described in the table below, which covers the principal debtor as the defendant promotion enterprise and the secured creditor as the unit of achievement of the secured creditor, was concluded, and the secured creditor was changed from the Gun to the plaintiff.

The amount of guarantee guaranteed from December 26, 2007 to December 25, 2008 517,286,286,196 won from December 26, 2007 to December 26, 2007 3.17,286,196 won from December 25, 2009 to December 26, 2007 775,929,294 won from December 26, 2010 to December 25, 2010 to December 26, 2010 to December 387, 2007,964,64,647 won from December 26, 2007 to December 26, 2012 to December 387, 2007 to 5.387,64,647,647, 2089,308 won

C. On December 26, 2007, the instant apartment was approved for a pre-use inspection. The Defendant Promotion Company failed to construct the instant apartment in accordance with the design drawing or modified the design drawing differently from the defective construction or design drawing. 2) The Plaintiff requested the Defendant Promotion Company, etc. to repair the defects over 75 times from June 9, 2008 to January 29, 2013 at the request of the occupants and sectional owners of the instant apartment, and the Defendant Promotion Company also performed repair works for some defects.

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