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(영문) 광주지방법원 2020.07.24 2018가합50821

하자보수에 갈음하는 손해배상 등

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1. The Plaintiff:

A. As to Defendant B Company 1,238,065,641 and KRW 1,233,664,724 among them, Defendant B Company 1,238,065,641

Reasons

The plaintiff, such as the status of the parties to recognition, is an autonomous management organization comprised of occupants for the management of A Apartment in Gwangju Mine-gu C (hereinafter referred to as "the apartment of this case") 11, Dong 968 households.

Defendant B Co., Ltd. (hereinafter “Defendant B”) is a contractor and contractor who constructed and sold the instant apartment, and the Defendant Housing and Urban Guarantee Corporation (the Korea Housing Guarantee Company changed its name; hereinafter “Defendant Corporation”) is a guarantor who entered into a warranty contract for defects after the inspection on the use of the instant apartment with Defendant B.

On May 28, 2009, the apartment of this case was approved for use on May 28, 2009. At that time, Defendant B fulfilled its duty of transfer registration and delivery to the buyer of the apartment of this case.

On April 30, 2009, Defendant B entered into a warranty contract for the new construction of the instant apartment (hereinafter “each guarantee contract of this case”) with a guarantee creditor set as described below with Defendant Corporation and the head of Gwangju Metropolitan City Mine Office as the guarantee creditor, and entered into a warranty contract for the new construction of the instant apartment.

The warranty period of 1 year from the date of usage inspection (from May 28, 2009 to May 27, 2010), 2 years from the date of usage inspection (from May 28, 2009 to May 27, 2010) 932,472,480 from the date of usage inspection (from May 28, 2009 to May 27, 201), 3 years from the date of usage inspection (from May 28, 2009 to May 27, 2012 to the date of usage inspection) 1,39,354,360 to the council of occupants' representatives under the provisions of paragraph (1) 5 years from the date of usage inspection (from May 28, 2009 to May 27, 2014 to the date of usage inspection under the provisions of paragraph (1) 5 years from the date of usage inspection (the changed warranty period of each case to the council of occupants' representatives).

2.3.