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(영문) 서울중앙지방법원 2015.01.22 2014가합513358

손해배상 등 청구의 소

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1. Of the instant lawsuit, the lawsuit against the administrator A of the Defendant Rehabilitation Obligor C&C Construction Corporation shall be dismissed.

2...

Reasons

1. The Plaintiff is a project proprietor who constructed and sold six apartment units of Gangseo-gu Seoul Metropolitan Government 759 Masansan-dong 759 Masan-dong 79 Masan-dong 399 dong-dong 399 dong-dong 237 dong-dong 162 dong-dong 162 dong-dong 2, below.

Defendant T&C Construction Co., Ltd (the rehabilitation procedure commenced after the instant lawsuit was filed, and the administrator took over the litigation procedure. Under the following, the rehabilitation company is not divided before and after the lawsuit was taken place, and the Dongbu Construction Co., Ltd completed the construction work of the instant apartment by being jointly awarded a contract from the Plaintiff.

The Seoul Guarantee Insurance Co., Ltd. concluded the following guarantee insurance contract with the rehabilitation company:

The term of insurance period (liability period) from October 19, 207 to October 18, 2008, KRW 139,88,035, Oct. 19, 2007 to October 18, 2007, KRW 32, Oct. 18, 2009 to October 82, 936, KRW 132, Oct. 19, 2007 to Oct. 27, 874, 162, KRW 42, Oct. 19, 207 to Oct. 27, 2007 to Oct. 19, 2007 to Oct. 74, 203,810 to Oct. 18, 2017; and the Plaintiff Co., Ltd., Ltd. (hereinafter “Defendant Co., Ltd.”) completed the Electrical Construction Insurance Co., Ltd.’s joint guarantee insurance contract [Defendant 107, Oct. 18, 2017>

The defendant Jindong Construction Co., Ltd. jointly and severally guaranteed the obligations of the defendant South Korea Co., Ltd. and the branch construction Co., Ltd. under the construction contract.

Although the Plaintiff continuously demanded repair of defects in the apartment of this case to the rehabilitation company and defendant Dongdong Construction Company, the Plaintiff did not properly repair the apartment of this case.

Ultimately, the council of occupants' representatives, composed of the occupants of the apartment of this case, has taken over the damage claim in lieu of defect repairs from the sectional owners of 159 households among the 162 households of the apartment sale household of this case, and filed a lawsuit against the plaintiff, who is the business entity, seeking compensation

Seoul Central District Court 2012Kahap47239, below.