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(영문) 서울중앙지방법원 2017.06.14 2016가합4278

손해배상 등

Text

1. The Plaintiff:

(a) The Seoul Housing Corporation shall provide for KRW 1,397,282,256 and KRW 1,277,535,164 among them. < Amended by Presidential Decree No. 27579, Dec. 1, 2016>

Reasons

1. Basic facts

A. 1) The Plaintiff is a party to the instant apartment complex that is an aggregate building located in Eunpyeong-gu Seoul, Eunpyeong-gu 2-ro 111-7, Eunpyeong-gu, Seoul. (hereinafter “instant apartment complex”).

(2) In order to manage 448 households, Defendant Seoul Housing and Urban Corporation (hereinafter “Defendant Corporation”) was a contractor who sold the instant apartment, regardless of whether it was before or after the modification, and Defendant Construction Mutual Aid Association (hereinafter “Defendant Cooperative”) entered into a warranty contract for the instant apartment with the housing construction company (hereinafter “gold Industry”), the contractor of the instant apartment, and the two construction companies (hereinafter “dusan Construction”) as the contractor of the instant apartment.

B. On April 4, 2003, the gold industry and Dusan Construction made a contract for the warranty of defects with the Defendant’s association for the warranty of defects under the condition that the gold industry and Dusan Construction shall either perform the warranty of defects or pay the expenses for the repair of defects to the guaranty creditor in a case where the Defendant association fails to perform the warranty after receiving a claim for the repair of defects arising within the warranty period after undergoing the inspection of the use of new apartment construction for the instant apartment (hereinafter “the warranty contract of this case”).

A) Around December 2009, the gold industry and two mountain construction completed the new construction of the apartment of this case. On December 23, 2009, the head of Eunpyeong-gu completed the inspection on the use of the apartment of this case, and around that time, the residents occupied the apartment of this case, and the Plaintiff, an autonomous management organization of the apartment of this case, was organized.