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(영문) 서울중앙지방법원 2017.05.11 2013가합531755

손해배상(건)

Text

1. Defendant Construction Mutual Aid Association’s KRW 56,503,910 as well as its annual interest from August 2, 2013 to May 11, 2017.

Reasons

1. Basic facts

A. The Plaintiff is comprised of 56 households, 27 households, and 138 commercial buildings in Seongbuk-gu Seoul Metropolitan Government.

hereinafter referred to as “instant building”

(2) The Korea Land Trust Co., Ltd. (hereinafter “Defendant Korea Land Trust”) is a project proprietor who constructed and sold the instant building, and the same Construction Co., Ltd. (hereinafter “Defendant Korea Land Trust”) participated in the instant lawsuit on July 4, 2016 and took over the lawsuit by the custodian upon the commencement of the rehabilitation procedure under the Chuncheon District Court 2016 Gohap501. hereinafter “the same construction”) is a company that performed the construction of the instant building by contract from Defendant Korea Land Trust.

3) The Defendant Construction Mutual Aid Association guaranteed the obligation to repair the defects of the instant building in the same construction. (b) On June 28, 2010, the same construction is a guarantee agency that guarantees the obligation to repair the defects of the instant apartment among the instant buildings in the same construction (hereinafter “instant guarantee contract”) and entered into a contract with the Defendant Construction Mutual Aid Association to guarantee the obligation to repair the defects of the instant apartment parts of the instant building in the same construction. The Defendant Construction Mutual Aid Association obtained each of the defect repair obligations stated below from the Defendant Construction Mutual Aid Association and deposited them with the head of Seongbuk-gu Seoul Metropolitan Government Office who is the authority for usage inspection. Each of the above guarantees stated as follows: “If the council of occupants’ representatives (including the management body under the Housing Act and Enforcement Decree on the Ownership and Management of Aggregate Buildings) is organized, the guarantee creditor is changed

[Attachment] The No. 18,096,834, June 25, 2010 to June 24, 2011, 245,24,242,242,086 from June 25, 2010 to June 25, 2012, the guarantee number No. 1 C, the guarantee period for the warranty of defects, the guarantee period of 1 C, etc., i.e., the guarantee period of 13,096,834, etc.