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(영문) 서울중앙지방법원 2018.10.24 2017가합506122

하자보수에 갈음하는 손해배상 등 청구

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1. The plaintiff's lawsuit against defendant D Co., Ltd. is dismissed.

2. The Plaintiff:

A. Defendant Limited Partnership Company B, C.

Reasons

1. Basic facts

A. 1) The Plaintiff is an apartment building A in Gwangju Mine-gu (hereinafter “instant apartment building”).

(2) Defendant D Co., Ltd. (hereinafter “Defendant B”) and C Co., Ltd. (hereinafter “Defendant C”) are project undertakers who newly built and sold the instant apartment, and Defendant D Co., Ltd (hereinafter “Defendant D”) concluded a contract with Defendant B, etc. and newly built the instant apartment.

3) Defendant Housing and Urban Guarantee Corporation [the name of Korea Housing and Urban Guarantee Corporation on July 1, 2015 pursuant to Article 1 and Article 4 of the Addenda of Housing and Urban Fund Act (Act No. 12989) changed from July 1, 2015, and regardless of whether it was before or after the change is called “Defendant Construction Corporation”.

[2] The Defendant B, etc. guaranteed the obligation to repair defects after the inspection on the use of the apartment in the instant apartment. (B) Defendant B, etc. entered into a warranty contract that guarantees the obligation to repair defects in the instant apartment in September 5, 2013 between Defendant B, etc. and Defendant B, etc. as indicated below (hereinafter “instant warranty contract”).

The guarantee period of 1 October 17, 2013 to October 16, 2014, KRW 356,572,548, Oct. 17, 2013 to KRW 360 from October 17, 2015 to October 16, 16, 891, 431, 360, and KRW 360 from October 17, 2013 to October 16, 2016 to KRW 713,145,08, and the pertinent autonomous management organization of this case was modified to Plaintiff 3, the Plaintiff’s sectional owner’s use of apartment units from October 17, 2013 to October 16, 2017 to KRW 534,858,515,515,520, respectively. < Amended by Presidential Decree No. 28741, Oct. 17, 2013>

C. The instant case.