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(영문) 서울중앙지방법원 2016.10.13 2014가합52624

하자보수에 갈음하는 손해배상 등

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1. The Plaintiff:

A. As to Defendant Barun Construction Co., Ltd, 722,415,084 won and KRW 523,750,935 won among them, Defendant Barun Construction Co., Ltd.

Reasons

Basic Facts

The plaintiff is an autonomous management organization organized by the occupants to manage the 17-dong 761 household units of Busan-gun A Apartment Complex (hereinafter referred to as the "the apartment of this case").

Defendant Ringun Construction Co., Ltd. (hereinafter referred to as “Singun Construction”) is a project proprietor and a contractor who constructed and sold the instant apartment, and the Defendant Housing and Urban Guarantee Corporation (the name of the Korea Housing and Urban Guarantee Corporation was changed to that of the Korea Housing and Urban Guarantee Corporation pursuant to Article 4 of the Addenda to the Housing and Urban Fund Act; hereinafter the same shall apply) issued a warranty bond for the defect repair of the instant apartment to Defendant Ringun Construction.

On November 26, 2009, the execution of the contract for the warranty of defects and the pre-use inspection is made between the Defendant Guarantee Corporation and the head of the Gun in Busan Metropolitan City, the guaranty creditor with respect to the instant apartment, and the Defendant Barun Construction, upon receiving a claim for the repair of defects that occurred during the warranty period after the Defendant Barun Construction had undergone the pre-use inspection of the new apartment construction of this case, shall enter into each contract for the warranty of defects that requires the guaranty creditor to perform the repair of defects or to pay the cost for the repair of defects (hereinafter “each contract for the warranty of defects”) and was issued by the Defendant Guarantee Corporation as stated below.

[Attachment 1] B 1 B 1 B 208 guarantee period from November 27, 2008 to November 26, 2009, 99,831,457 2 C 2 C on November 27, 2008 to November 26, 2010, to November 26, 2008, 99,831,4573 D 3 D on November 27, 2008 to November 26, 2011, to November 26, 201 to November 26, 2008, to November 27, 2008 to November 26, 201, to November 26, 2008, to November 749, 87, 2007; and to the Plaintiff newly constructed the instant apartment construction from November 27, 2008 to November 26, 2013.