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(영문) 부산지방법원 2019.06.26 2017가합47478
하자보수에 갈음하는 손해배상청구의 소
Text

1. Defendant B Co., Ltd.: (a) with respect to KRW 270,138,714 and KRW 198,286,278 among the Plaintiff, from August 8, 2017, and KRW 71,852.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is the party to the instant condominium A (hereinafter “instant condominium”).

(2) Defendant B Co., Ltd. (hereinafter “Defendant B”) is an executor who constructed and sold the instant aggregate building, and Defendant C Co., Ltd (hereinafter “Defendant C”) is a person who constructed the instant aggregate building under a contract made by Defendant B under a contract made by Defendant B.

3) Defendant B obtained a business license of the instant aggregate building on November 11, 2013, and completed the new construction, and obtained approval for the use of the said aggregate building on September 2, 2016. (b) The occurrence of defects and the request for the performance of repair of defects; (b) the Defendants failed to construct the parts to be constructed according to the design drawings while constructing the instant aggregate building, or constructed the said parts differently from the design drawings or poorly, thereby causing defects, such as rupture, water leakage, etc., in common areas and exclusive areas of the instant aggregate building.

2) Accordingly, the Plaintiff continuously requested repair of defects to Defendant C at the request of the occupant, etc. of the instant condominium, and Defendant C repair some of the defects. However, the instant condominium still remains in the same manner as the sum table by the defect list in the attached Form 1 and the sum table by the defect list by the defect list by the attached Form 2 (hereinafter “instant defect”).

C. C. The Plaintiff received from the sectional owners of 175 households of the instant aggregate building in lieu of the repair of defects the claim for the repair of defects and the claim for damages in lieu of the repair of defects (including any defects such as the pre-construction and the modified construction) that they had against the Defendants. The Plaintiff received the delegation of the right to notify the said assignment of defects and notified the said Defendants of the assignment of the assignment of defects at around that time.

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