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(영문) 서울중앙지방법원 2018.07.06 2016가합562989

손해배상 등 청구의 소

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1. As to the Plaintiff’s KRW 448,296,314 as well as KRW 201,00,000 among them, Defendant Amateur Construction Co., Ltd.: < Amended by Presidential Decree No. 27507, Oct. 1, 2016>

Reasons

1. Basic facts

A. The status of the parties is comprised of 209 units of apartment complex A and 209 units of apartment complex A located in Eunpyeong-gu Seoul Metropolitan Government, and 54 units of apartment complex A and 209 units of apartment complex B.

(hereinafter referred to as “the apartment of this case”) is an autonomous management body organized by occupants to manage the apartment of this case, and Defendant DaS Construction is a business entity who sold the apartment of this case, and Defendant Seoul Guarantee Insurance issued a warranty bond for defect repair of the apartment of this case for Defendant DaS Construction.

B. 1) On August 24, 2009, Defendant SS construction entered into a warranty contract for the repair of defects (hereinafter “instant warranty contract”) with the Defendant Seoul Guarantee Insurance Co., Ltd., with respect to the instant apartment as set forth in the following table:

Upon entering into a contract, the insured was designated as the head of Eunpyeong-gu and the principal debtor as Defendant branch construction. Following the formation of the council of occupants' representatives of the instant apartment, the status of the insured under the instant contract was automatically succeeded to the Plaintiff. From September 29, 2009 to September 29, 2010 to September 29, 201, 2009 to September 29, 201, 29 to September 29, 201, 29 to September 29, 201, 9,012, 9283 to September 29, 201, to September 29 to September 29, 201, and the content of the instant contract relating to the warranty against defects, 519, 3924 to September 24, 2012 to September 29, 205, 2965 to September 29, 2065;

Article 1 (Compensation for Loss) our Company (hereinafter referred to as the “Company”) fails to comply with the contract entered into in the insurance policy (hereinafter referred to as “main contract”) even if the policyholder, as the obligor, has received completion inspection or examination of the contract or the sales contract and has received a request for repair or supplementation of the defects that have occurred during the warranty period, and has not complied with it.