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(영문) 서울고등법원 2015.12.01 2015나2027772
손해배상
Text

1. Of the judgment of the court of first instance, with respect to Defendant Gold Industry Co., Ltd., the Plaintiff amounting to KRW 766,173,864 and the aforementioned amount.

Reasons

1. Basic facts

A. The status of the parties is an autonomous organization organized by the occupants in order to manage the 828 Gangseo-si, Kuri-si, Seori-gu, the 828-dong, the 6-dong, 276-dong, and ancillary facilities (hereinafter “the apartment of this case”). The non-party’s workplace housing association (hereinafter “the non-party’s association”) is an implementer who constructed and sold the apartment of this case, and the defendant Geum Ho Industrial Co., Ltd. (hereinafter “Defendant Geum-gu”) is a company that constructed the apartment of this case by being awarded a contract with the non-party association for the construction of the apartment of this case.

B. The Defendant Gold Industrial Co., Ltd., which entered into a warranty contract, entered into each of the instant apartment units as indicated below (hereinafter “each of the instant warranty contracts”) with respect to the instant apartment units, and was issued a warranty against the Defendant’s housing guarantee.

Since then, the guarantee creditor of each guarantee contract of this case was changed to the plaintiff in the old market.

Serial No. 10121209-201-003201 from April 30, 2009 to April 29, 2010, 389,713,764 20121209-201-201-003202 from April 30, 2011 to April 29, 2011, 389,713,764 301209-201209-2001-2003003,003203 from April 30, 2009 to April 29, 2012:

C. The apartment of this case was inspected on April 21, 2009, and the apartment of this case was inspected on the use of the apartment of this case. The defendant Geum Ho industry failed to construct the apartment of this case according to the design drawing, or modified the construction differently from the defective construction or design drawing. 2) Accordingly, the plaintiff from September 8, 2009 to the defendant Geumho industry at the request of the tenant of this case and the sectional owner.

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