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(영문) 서울남부지방법원 2013.11.19 2012가합12536

손해배상 등

Text

1. The Defendant’s KRW 745,310,485 as well as 5% per annum from April 20, 2013 to November 19, 2013 to the Plaintiff.

Reasons

1. Basic facts

A. Status 1 of the parties concerned) The plaintiff is the Gyeyang-gu Incheon apartment A apartment (hereinafter referred to as "the apartment of this case").

2) The Defendant’s assistant intervenor is an autonomous management body that is organized to manage five households, 255 households. 2) The Handi&C Co., Ltd. (hereinafter “ Handi&C”) is an executor of the instant new apartment construction, and the Defendant’s assistant intervenor is the starting construction of the said new apartment construction.

3) The Defendant is a corporation with the purpose of guaranteeing the sale of housing built and supplied by the project undertaker, guaranteeing the repair of defects, and repairing defects of housing units to implement the above guarantees under the Housing Act, and a corporation with the Defendant’s assistant participant to issue a warranty against defects in the instant apartment units. B. The Defendant, who decided to conclude a warranty against the sale of housing units and the performance of the sale of housing units, issued a warranty against the instant apartment units to the Defendant’s assistant participant.

(C) On September 4, 2007, the Defendant’s assistant intervenor entered into a defect liability contract (hereinafter “instant defect liability contract”) with the Defendant as the head of Gyeyang-gu Incheon Metropolitan City Administrator, respectively, with respect to the instant apartment as to the instant apartment on the following grounds: (a) when the construction of new apartment was interrupted due to the bankruptcy of Han L&C; (b) the Defendant determined to perform the obligation to sell the relevant apartment in units in accordance with the sale guarantee contract of this case; and (c) the Defendant’s assistant intervenor entered into a defect liability contract (hereinafter “instant defect liability contract”) as indicated below.

[Attachment of Contract for Repair of Defects] Guarantee Number B B 1 B 1.20. through 320,237,796 won on September 29, 2008 (1 year) 2. C 320,237,796 won on September 30, 2007 (2 years) 320,237,796 won on September 29, 2009 (2 years) 3D 3. 480,356,694 won on September 30, 207 (3 years) 480,356,694 won on September 29, 2012 (5 years). < Amended by Presidential Decree No. 203935, Sep. 30, 2007; Presidential Decree No. 203945, Sep. 29, 2012>

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