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(영문) 서울중앙지방법원 2014.04.02 2013가합9272

손해배상(기) 등

Text

1. The Plaintiff:

A. As for Defendant Pay Development Co., Ltd, the amount of KRW 411,766,64 and KRW 101,00,000 among them: < Amended by Act No. 11614, Mar. 2, 2013>

Reasons

1. Facts of recognition;

A. The Plaintiff is an autonomous management body consisting of its occupants to manage five and 291 households, one of the five and five Hancheon-si A apartment (hereinafter “the apartment of this case”) and the Defendant Oral Development Co., Ltd. (hereinafter “Defendant Oral Development”) is a project proprietor who constructed and sold the apartment of this case.

B. Since the date of usage inspection (the date of usage inspection of the apartment of this case: March 21, 2008), Defendant Construction Mutual Aid Association bears the guarantee liability to pay the amount generally deemed reasonable as the actual cost of defect repair within the limit of the guaranteed amount in the event the defect repair occurred in the apartment of this case, even though the defects stipulated in the Housing Act and the Enforcement Decree of the Housing Act were not performed, as indicated below, within the warranty period as follows. The guarantee creditor is the Plaintiff.

Guarantee No. 13945, 1445, 849 on February 29, 208 to February 2018, 1394, No. 14946, 145, 849 on February 29, 2008 to February 28, 2013, floors, 13947, No. 13947, 1397, 2847, 267, 167, 167, 297, 167, 167, 297, 167, 297, 167, 297, 167, 297, 165, 267, 297, 167, 297, 297, 265, 2948, 2692, 208, 2963, 297, 2063

C. In the construction of the apartment of this case, the part to be constructed according to the design drawing is to be applied to the apartment of this case.