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(영문) 부산지방법원 2019.01.16 2017가합44509

손해배상(기)

Text

1. The Plaintiff:

A. As to Defendant B Company 1,265,641,140 won and its KRW 1,00,000,000 among them, May 5, 2017

Reasons

1. Facts of recognition;

A. Status 1 of the parties concerned ) The plaintiff is Busan Dongdong-gu A apartment (hereinafter "the apartment of this case").

(2) For the management of 693 households, the Housing Reconstruction and Improvement Project Association in Zone C (hereinafter “instant reconstruction Association”) is a person who constructed and sold the instant apartment, and the Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company that constructed the instant apartment after being awarded a contract from the instant reconstruction association to construct the instant apartment, and the Defendant Housing and Urban Guarantee Corporation (hereinafter “Defendant Guarantee Corporation”) concluded a warranty contract for the instant apartment for Defendant B.

B. On June 12, 2015, Defendant B entered into and approved for the use of a warranty contract (hereinafter collectively referred to as “each of the instant warranty contracts”) with Defendant B, the head of the Dong-gu Busan Metropolitan City as the guarantee creditor, and Defendant B as the principal debtor, and the Defendant Guarantee Corporation guaranteed the Defendant B’s obligation to repair the instant apartment as indicated in the following table (hereinafter collectively referred to as “each of the instant warranty contracts”).

(1) The term “a guarantee period” means a guarantee period of 1D 1D 1D 201. From June 16, 2015 to June 15, 2016 (1 year) 296,062,758 won 2 E from June 16, 2015 to June 15, 2017 (2 years) F 340,156,895 won from June 16, 2015 to June 15, 16, 2015 (3 years) 592,125,516 won from June 16, 2015 to June 15, 2018 (4 years to June 16, 2015 to June 15, 2015 (4 years to June 4, 2014, 15 to June 25, 2016 to June 16, 2015).

Article 1 of the Terms and Conditions for Repair of Defects (Definition of Terms and Conditions) The definitions of terms used in this Clause shall be as follows:

2. The term “principal debtor” means the principal debtor as stated in the letter of guarantee as the project undertaker or executor;

3. The term "guarantee Creditor" means the authority for inspection of usage stated in the Letter of Guarantee.