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(영문) 부산지방법원 2017.07.05 2015가합40213
손해배상(기)
Text

1. As to the Plaintiff’s KRW 546,970,186 and KRW 500,000 among them, the Defendant shall start January 30, 2015, and the remainder of KRW 46,970.

Reasons

1. Basic facts

A. The plaintiff is the party. 1) The plaintiff is the 8-dong 625 households, 8-dong 625 households, and 40-gil-ro 55, Busan East-gu, Busan-dong, the 40-dong Do-ro 50-dong 55.

(2) The Defendant’s Intervenor is a company that constructed the instant apartment, and the Defendant’s Construction Mutual Aid Association (hereinafter “Defendant Association”) guarantees the obligation to repair the defects of the instant apartment.

B. On November 5, 2010, the Defendant Cooperative concluded each contract for the repair of defects (hereinafter “each guarantee contract of this case”) with the Defendant auxiliary intervenor and the head of the same Gu with respect to the apartment of this case as indicated in the following table, and thereafter, the secured creditor of each guarantee contract of this case was changed to the Plaintiff.

Serial No. 12010-0018631 columns, bearing walls (10 years), December 1, 2010 to November 30, 2020, 147,652,695 22010-018632 beams, floors, roof (5 years) from December 1, 2010 to December 1, 2010, or 147,652, 6953 2010-0333 2018633, 2010 to 2016.35 (3 years), 2016-10-16, 205, 2018-10-16, 205, 203-16-16, 2016-10-33, 201, 205, 16-10-16, 2013-16.

C. 1) The instant apartment was inspected on November 26, 2010 on the following grounds: (a) the Defendant’s assistant participant newly constructed the instant apartment and failed to construct the part to be constructed in accordance with the design drawing; (b) the Defendant’s assistant participant issued a defect such as equal heat, water leakage, etc. to the section for common use and section for exclusive use; and (c) thereby, the Plaintiff’s function, aesthetic view or stability of the instant apartment was hindered; and (d) the Plaintiff’s co-owner and occupant’s request for the construction of the instant apartment.

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