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(영문) 창원지방법원 2016.10.05 2014가합3108

손해배상(기)

Text

1. The Plaintiff:

A. Defendant AS East East Co., Ltd.: KRW 1,211,858,956 and KRW 1,000,000,000 among them.

Reasons

1. Basic facts

A. The status of the parties is an autonomous management organization that consists of the occupants in order to manage the 13-dong 672 households of Seongdong-gu, Changwon-si (hereinafter “instant apartment”).

Defendant ASdong is a project proprietor who constructed and sold the instant apartment, and Defendant ASdong guaranteed the defect repair obligation on the instant apartment in the Defendant ASdong, regardless of whether the name was changed or before the change of the name; hereinafter “Defendant ASdong”).

B. Defendant AS Dong-dong approved the use of the instant apartment on December 17, 2010.

Around that time, the apartment house of this case was delivered to each of the sectional owners.

C. 1) The Defendant AS Dong signed a contract on the warranty of defects (hereinafter “instant warranty contract”) around December 22, 2010 that guarantees the obligation to repair the defects of the instant apartment complex in the Defendant ASdong with the Defendant Guarantee Corporation (hereinafter “instant warranty contract”).

A) The Defendant Guarantee Corporation concluded a performance guarantee insurance policy as indicated in the following insurance contract details, and concluded that the guarantee creditor shall be changed to the council of occupants' representatives or the management body if the council of occupants' representatives (including the management body) is composed of the following insurance contract details. [the Table] 2 C 1,102,892,532, December 17, 2012, 201, 203D 882, 314, 205, 205, 206.16.25, 205, G 16.46, 205, 16.5 (2, 205, 205, 16.5, 205, 16.5, 205, G 16.5, 206, 2015, 16.6.5, 2016, G 16.45, 2010