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(영문) 인천지방법원 2020.05.12 2018가합57109
손해배상(기)
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 932,134,568 and its amount from October 27, 2019 to May 12, 2020.

Reasons

1. Basic facts

A. 1) The Plaintiff is an apartment A of Sejong Special Self-Governing City (hereinafter “instant apartment”).

(2) The Defendant Company B (hereinafter referred to as the “Defendant Company”) is a business entity that newly built and sold the instant apartment, and the Defendant Intervenor’s supplementary intervenor is a company that executed the construction of the instant apartment upon being awarded a contract for a part of the construction of the instant apartment, and the Defendant Korea Housing and Urban Guarantee Corporation (hereinafter referred to as the “Defendant Guarantee Corporation”) guaranteed the Defendant Company’s obligation to repair defects after the approval for use of the instant apartment for the sake of the Defendant Company.

B. (1) On August 3, 2015, the Defendant Company entered into a contract for the warranty of defects and approval for the use thereof (hereinafter “instant warranty contract”) with the Defendant Guarantee Corporation to guarantee the obligation to repair the defects of the instant apartment complex between the Defendant Guarantee Corporation and the following (hereinafter “instant warranty contract”).

(3) The instant apartment from the date of pre-use inspection to April 317, 417,631,023 to 317,631,023 from the date of pre-use inspection to 417,631,023 from the date of pre-use inspection to 317,631,023 5 years from the date of pre-use inspection, 1 year 211,754,015 2 years from the date of pre-use inspection 1 year 2,529,385,037 3 years from the date of pre-use inspection 423,508,030 from the date of pre-use inspection 4 years 317,631,023, and 317,631,0232 from the date of pre-use inspection 6 years from August 19, 2015. Since then

In the special clause of the warranty of the defendant-guaranteed Corporation, the warranty creditor shall not be liable for any defect that occurred prior to the warranty period, and the guaranty creditor shall be deemed to have been changed to that of the council of occupants' representatives when the council of occupants' representatives is organized under Article 60 (2) of the Enforcement Decree of the Housing Act.

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