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(영문) 창원지방법원진주지원 2014.05.28 2011가합3230
손해배상(기)
Text

1. The Plaintiff:

A. The defendant company Lee Past Construction Co., Ltd. and the same defendant company are either KRW 1,108,932,621 and their importance.

Reasons

Basic Facts

The status of the parties is the autonomous management body that is composed of the occupants in order to manage the upper same ice apartment (11 Dong, 652 households, hereinafter referred to as the “instant apartment”), which is located in Bupyeong-dong 1068-1, Jinju-si.

The Defendant Astru Construction Co., Ltd. (hereinafter “Defendant Astru Construction”) is a project proprietor who constructed and sold the instant apartment, and the Defendant Astru Construction Co., Ltd. (hereinafter “Defendant Astru Construction”) is a joint project proprietor who purchased the instant apartment at the same time with Defendant Astru Construction, upon being awarded a contract for the instant apartment construction from Defendant Astru Construction.

Defendant Korea Housing Guarantee Co., Ltd. (hereinafter “Defendant Housing Guarantee”) guaranteed the same obligation to repair the defects of the apartment of this case as Defendant.

On November 26, 2008, the same defendant, who entered into a contract for the repair of defects, entered into a contract for the repair of defects (hereinafter “instant contract for the repair of defects”) with the guarantee creditor as to the instant apartment as the real market with the guarantee creditor as to the instant apartment on November 26, 2008 and was issued a guarantee certificate as specified in the following attached Table 1:

Meanwhile, according to Article 1 subparag. 5 of the respective warranty contract of this case, where the same defendant fails to perform the defect repair without any justifiable reason, as to the defect that occurred in the construction of facilities subject to defect repair under the attached Tables 6 and 7 of the Enforcement Decree of the Housing Act, notwithstanding the guarantee creditor's claim for defect repair, the guarantee creditor bears the obligation to perform the defect repair or pay the cost of defect repair when the guarantee accident occurred, and Article 5 bears the obligation of the guarantee creditor to perform the defect repair or pay the cost of defect repair when the guarantee accident occurs.

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