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(영문) 서울남부지방법원 2015.10.30 2013가합5641

하자보수에 갈음하는 손해배상

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1. The Plaintiff’s rehabilitation debtor’s rehabilitation claim against the Konam Company is KRW 1,818,880,104 and the rehabilitation claim against the Plaintiff.

Reasons

1. Basic facts

A. The parties 1) The plaintiff is an apartment A (10 Dong Dong-dong 545, hereinafter referred to as "the apartment of this case") located in Yeongdeungpo-gu, Young-gu C.

In order to manage the apartment building of this case, Gyeongnam is an autonomous management body organized by its occupants. 2) A Gyeongnam is an implementer who newly constructed and sold the apartment building of this case and is in the position of the contractor and a corporation in the position of the contractor. A manager B of the defendant Gyeongnam Enterprise Co., Ltd. (hereinafter referred to as the "defendant manager") is a person appointed as a manager of the Gyeongnam Enterprise at the same time as the Seoul Central District Court 2015 Ma10070.

B. 1) On April 10, 2009, Gyeongnam Company entered into a contract for the repair of defects (hereinafter “each contract for the repair of defects in this case”) as described in each contract for the repair of defects (hereinafter “each contract for the repair of defects in this case”) between the Defendant’s Housing Guarantee and the Defendant’s Housing Guarantee and the Korea Housing Guarantee and the Korea Housing Corporation as the

Article 1 subparag. 5 of the Housing Act provides that the guarantee obligee shall be deemed to have changed the guarantee obligee’s representative meeting in the light of the following: (a) the construction of the facility subject to defect repair as prescribed in attached Tables 6 and 7 of the Enforcement Decree of the Housing Act; (b) the guarantee obligee shall be deemed to have failed to perform the defect repair without any justifiable reason, notwithstanding the guarantee obligee’s claim for defect repair; (c) the Defendant’s housing guarantee bears the obligation to perform the defect repair in the event of a guarantee accident or to pay the cost of defect repair; and (d) Article 5 provides that the guarantee obligee shall be deemed to have changed the guarantee obligee’s representative meeting in the light market if the guarantee obligee’s representative meeting of the apartment of this case is constituted; (d) the guarantee obligee shall be deemed to have changed the guarantee obligee’s representative meeting in the light market. < Amended by Presidential Decree No. 22045, Apr. 30, 2009; Presidential Decree No. 22950, Apr. 29, 2010>

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