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(영문) 창원지방법원 2017.02.28 2015가단75738

손해배상(기)

Text

1.(a)

The construction of Defendant AH Industry Development Co., Ltd and Defendant SP Integrated Construction Co., Ltd. are jointly owned by the Plaintiff.

Reasons

1. Basic facts

A. The relationship between the parties 1) Plaintiff A apartment management body (hereinafter “Plaintiff management body”)

A apartment located in Kimhae-si D (hereinafter referred to as “instant apartment”).

(2) In order to manage 29 households, Plaintiff B is an autonomous management organization consisting of the occupants of the instant apartment pursuant to the provisions of the Housing Act and the Enforcement Decree of the Housing Act, and Plaintiff B is the sectional owner of the instant apartment. The sectional ownership relationship of the said apartment is as shown in the table of the assignment of claims attached thereto. 2) Defendant Emat Industry Development Co., Ltd. (hereinafter “Defendant Emat”) is a project proprietor who constructed and sold the instant apartment, and Defendant E&W Integrated Construction Co., Ltd. (hereinafter “Defendant E&W”) is a construction contractor of the instant newly constructed apartment (hereinafter “instant apartment contract”). Defendant E&W Construction Co., Ltd. (hereinafter “Defendant E&W”) is the architect of the instant apartment and the construction supervisor, who is the architect of the instant apartment.

3) Defendant Housing Guarantee Co., Ltd. (hereinafter “Defendant Housing Guarantee”).

B. On February 26, 2014, in order to guarantee the obligation to repair the defects of the instant apartment, Defendant Ehymat concluded a defect liability insurance contract (hereinafter “instant defect liability insurance contract”) as indicated in the table of the contract for defect liability of the instant apartment as follows: (a) Defendant Ehymat concluded a defect liability insurance contract (hereinafter “instant defect liability insurance contract”) on the following grounds: (b) Defendant Ehymat had the insured as the Kim Sea market in order to guarantee the obligation to repair the defects of the instant apartment.

The term of guarantee stipulated in the table of the contract for the repair of apartment defects in this case (the term of warranty) shall be one year from February 27, 2014 to two years from February 27, 2014; 15,84,728 won from February 27, 2014 to three years from February 27, 2014; 42,675,782 won from February 27, 2014 to April 9, 5, 506, 837 won from February 27, 2014 to May 9, 506, 506;