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(영문) 부산지방법원 2021.01.13 2018가합43848
손해배상(건)
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) starting August 8, 2018 for KRW 197,983,235 and for KRW 163,58,07,078.

Reasons

1. Basic facts

A. The Plaintiff is the transferee who received the damage claim in lieu of the defective repair of Defendant B from the owners of the 178 unit units among the instant apartment units, for the management of the 143 unit units of the 143 unit of the A urban living house in Busan-gu, and the 29 unit of the apartment units, and the 190 unit of the 18 unit of the 18 unit of the 178 unit units of the instant apartment units.

2) Defendant B is the project undertaker who constructed and sold the instant multi-family housing, and the Defendant Corporation is a corporation that guaranteed the duty to repair defects in the instant multi-family housing.

B. On November 18, 2016, Defendant B entered into a warranty contract for repair of defects with respect to the instant multi-family housing with Defendant Corporation as the head of the Gu with the Busan Metropolitan City (hereinafter “instant warranty contract”) and entered into a warranty contract for repair of defects with respect to Defendant B and the obligee for the instant multi-family housing as the head of the Gu with the Busan Metropolitan City (hereinafter “instant warranty contract”), and issued each warranty warranty for repair of defects as indicated in the table Nos. 1 through 4 below.

If a representative meeting of occupants (including a management unit; hereinafter the same shall apply) is organized pursuant to Article 5 of the Guarantee Terms and Conditions, each guarantee bond holder shall be deemed to have changed into an occupant's competition.

In particular, the defect that occurred before the guarantee period is stated, the guarantee liability shall not be borne for the defect that occurred, and when the representative meeting of occupants under Article 41 (3) of the Enforcement Decree of the Multi-Family Housing Management Act is organized, the guarantee creditor shall be changed to the representative meeting of the occupants, and the creditor shall be bbb

It is written “...”

From the date of inspection of use of D 169,600,7913 E from the date of 2 years and 63,600,297 2 years from the date of inspection of use of D 13 F 1C 1C 10 years from the date of inspection of use, 106,00,494 84,800,396 424,001,978

C. 1) The instant multi-family housing is approved on November 21, 2016 for the occurrence of defects and the request for the performance of repair of defects.

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