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(영문) 서울중앙지방법원 2020.01.08 2018가합533046

하자보수에 갈음하는 손해배상 등 청구

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1. The Plaintiff:

A. C Co., Ltd., which is the taking over of the lawsuit of Defendant B, shall be KRW 2,432,243,889 and its weight 12,354,058.

Reasons

1. Basic facts

A. 1) The Plaintiff is an apartment A, located in the F of the Gyeongbuk-gun, Gyeongbuk-gun (hereinafter “instant apartment”).

2) Defendant D Co., Ltd. (hereinafter “Defendant D”) is the seller of the instant apartment, and Defendant D Co., Ltd. (hereinafter “Defendant D”) is the contractor of the instant apartment.

3) Defendant E-Mutual Aid Association is a guarantor who entered into a warranty contract on the instant apartment with Defendant D. (4) A corporation was divided and established on June 4, 2018, and succeeded to the rights and obligations regarding the Heavy Industries Construction Project in B, and took over B in the instant lawsuit.

(hereinafter referred to as “Defendant B” in total, which is the taking over of lawsuit between Company B and Company B.

(1) In the event that Defendant E-Financial Cooperative and Defendant D fail to perform their obligation to repair defects arising from the instant apartment on July 25, 2016, Defendant D’s contract to pay the warranty bond within the same period and amount as indicated in the following table to the head of Sillcheon Gun, which is the guarantee creditor (hereinafter “the instant warranty contract”).

A) The Defendant E-Mutual Aid Association concluded a warranty contract, and accordingly, issued the warranty bond. The warranty bond is indicated as the warranty bond from July 29, 2016 to July 28, 2017, the guarantee period of which is KRW 284,97,792 on July 29, 2016 to July 28, 2016 to KRW 712,494,480 on July 28, 2018 to KRW 369,95,584 won on July 29, 2019 to KRW 469,584 won and KRW 484 on July 29, 2016 to KRW 427,496, 688 won on July 28, 2016 to KRW 206-68, July 29, 208; and the relevant guaranty bond is indicated as the guaranty bond issued to the council of occupants' representatives.

3. Defendant B announced the invitation of occupants of the instant apartment on March 28, 2014.