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(영문) 서울남부지방법원 2018.05.03 2016가합104013

손해배상(건)

Text

1. As to KRW 34,812,632 and KRW 1,245,087 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 33,567,545.

Reasons

1. Basic facts

A. The construction, sale, and the defendant's warranty liability 1) Subdivision Co., Ltd. (hereinafter "Wilil"), Inc. (hereinafter "Wilil").

2) The apartment of this case (hereinafter referred to as “the apartment of this case”) in Jinjin-si in 1406-14, Jinjin-si, Jinjin-si.

The Defendant (the title at that time was “Korea Housing Guarantee Co., Ltd.,” and the name was changed as of September 15, 2015 according to Article 4 of the Addenda to the Housing and Urban Fund Act. The name was changed as of September 15, 2015.

A) The instant contract for the warranty of defects with respect to the instant apartment (hereinafter “instant warranty contract”)

The following is issued with each other. The warranty bond of 102920-201-001-2002301, May 4, 2010 through May 3, 3, 2011; 68,580,000-2, 10201-201-201-00302, from May 4, 201 to 68, 2010; 68,580, 003, 10203, 102, 102, 102, 102, 102, 205, 205, 205, 30, 2003, 1020-20, 003, 205, 305, 205, 205, 201-4, 205, 201, 205, 2013.

The main contents of the terms are as follows:

Article 1 (Definition of Terms and Conditions for Repair of Defects)

4. The term “defect” means any defect according to the classification of construction works subject to repair and the scope of defects and the period of defect repair liability” in the attached Tables 6 and 7 of the Enforcement Decree of the Housing Act.

5. The term "guarantee accident" means a guarantee creditor with respect to a defect that occurs in a facility subject to defect repair as prescribed in the attached Tables 6 and 7 of the Enforcement Decree of the Housing Act.