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(영문) 서울남부지방법원 2019.12.05 2017가단239117

하자보수금 등 청구의 소

Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The Plaintiff:

A. Defendant B is 58,245,000 won and 31,000 among them.

Reasons

1. Basic facts

A. 1) The Plaintiff is the party to the instant multi-family housing hereinafter referred to as “instant multi-family housing”).

(2) Defendant B is a project proprietor who newly built and sold the instant apartment units, and Defendant C Co., Ltd. (hereinafter “Defendant C”) is a contractor who newly built the instant apartment units by being awarded a contract with Defendant B for the instant new apartment units, and Defendant D Co., Ltd (hereinafter “Defendant D”) guarantees the duty of repairing defects after the inspection on the use of the instant apartment units.

B. On September 7, 2015, Defendant B entered into a warranty insurance contract with Defendant D by designating the insured as the Gwangju City Mayor (if the council of occupants’ representatives or the management body is established later, the rights of the insured shall be automatically succeeded to the council of occupants’ representatives or the management body), and entered into the warranty insurance contract for each of the following implementation (in the event that the rights of

(hereinafter “instant guarantee contract”). The guarantee period of the No. 145, Sept. 14, 2015 between September 14, 2015 and September 13, 2016, 13, 920, 180 from September 14, 2015 to September 13, 2017; and 4,800, 440 from September 14, 2015 to September 13, 2015; 3.3,840, 350 from September 13, 2018 to 4, 2015 to September 14, 14, 2015; 8.2, 80, 80, 260,50 from September 13, 2019 to May 14, 2015 to 3, 205 to 4, 205;

C. The instant multi-family housing was approved for use on September 15, 2015 with respect to the instant multi-family housing, and there is a defect as indicated in the “Classification” column in the attached Table on the section for exclusive use and common use.

The Plaintiff acquired the damage claim in lieu of the defect repair from all sectional owners of the instant apartment, and notified the Defendants of the fact of the assignment of the claim by being delegated with the authority to notify the assignment of claim and being served with the duplicate of the instant complaint.

[Grounds for recognition] without dispute;