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(영문) 서울중앙지방법원 2016.12.08 2015가합532363

하자보수보증금 등

Text

1. The Plaintiff:

A. Defendant Public Official Pension Service: KRW 1,093,541,306 and KRW 158,585,643 among them shall be granted to Defendant Public Official Pension Service. < Amended by Act No. 13325, May 30, 2015>

Reasons

1. Basic facts

A. The Plaintiff is a party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based party-based

(2) The Defendant Public Official Pension Corporation is a contractor and a seller of the instant apartment complex who has contracted the instant new apartment construction work to Gyeongnam Company, and the Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Seoul Guarantee Insurance Co., Ltd”) concluded a warranty contract for the instant apartment.

B. On October 13, 2005, Defendant Public Official Pension Corporation concluded a contract for the warranty of defects and usage inspection 1) Defendant Public Official Pension Co., Ltd. (hereinafter “instant warranty contract”) with the guarantee creditor as to the Defendant Seoul Guarantee Insurance and the new construction of the instant apartment on the following list:

A) A contract was concluded with the Defendant’s Seoul Guarantee Insurance and deposited with the Gyeongnam Do governor, which is the authority for the inspection of the said apartment. The warranty number Nos. 142-023-205004902, Nov. 1, 2005 to Oct. 1, 2006; 75-221, 968 2, 142-023-205004903, Nov. 1, 2005 to Oct. 1, 2005, 206. 616. 75, 221, 9683-205 to Oct. 36, 206, 205 to Oct. 1, 2005; 205 to Oct. 361, 2016. 1, 2005; 1420-205 to 1305.45.24

3) On October 21, 2005, Defendant Public Official Pension Service had undergone a pre-use inspection on the instant apartment, and around that time, the guarantee creditor of the instant guarantee agreement was changed to the Plaintiff as the occupant of the instant apartment. C. The instant apartment building should be constructed in accordance with the design drawings (approval drawings) due to the error in construction.