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(영문) 서울중앙지방법원 2018.10.10 2017가합570635
손해배상(기)
Text

1. The Plaintiff:

A. As to the Defendant Seog Construction Industry, 313,607,375 won and 280,747,846 won among them.

Reasons

1. Basic facts

A. The Plaintiff is a project proprietor who constructed and sold the instant apartment units with 785 dong-dong (hereinafter “instant apartment”) located in Nam-gu, Nam-gu, Incheon, Seo-gu, 98 (hereinafter “instant apartment”) (actually constructed and sold the instant apartment units, and the Plaintiff succeeded to the rights and obligations of the Korea National Housing Corporation on October 1, 2009, including the rights and obligations of the Plaintiff.

The Defendant Pung Construction Co., Ltd. (hereinafter referred to as the “Plaintiff”) and the Mine Construction Industry Co., Ltd. (hereinafter referred to as the “Defendant Pung Construction”) are companies constructed by being awarded a contract from the Plaintiff for construction, machinery, civil engineering, and fire fighting (hereinafter referred to as the “construction of the instant apartment,”) among the new construction of the instant apartment, and Defendant Pung Construction Co., Ltd. (hereinafter referred to as the “Defendant Pung Construction Company”) are jointly and severally guaranteed the obligation of Defendant Pung Construction and Pung Construction to the Plaintiff.

3) Defendant Yangyang Industrial Complex Co., Ltd. (hereinafter “Defendant Yangyang Industrial Complex”) and Defendant Dongdong Electric Co., Ltd. (hereinafter “Defendant Dongdong Electricity”) are companies which executed electrical construction (hereinafter “instant electrical construction”) among the new apartment construction (hereinafter “instant electrical construction”) under their own contract. 4) Defendant Construction Mutual Aid Association is the construction work in the instant case, and the Defendant Electric Construction Mutual Aid Association is the warranty bond that issued each warranty bond for the instant electrical construction.

B. 1) The instant apartment was approved for use on April 14, 2006, and was leased for public use under the Rental Housing Act around October 201. At the time of the construction of the instant apartment, there was a defect in the instant apartment due to the Defendant’s mining construction, winding construction, construction, double mountain field, non-construction, defective construction, and defective construction, etc. at the time of the construction of the instant apartment. 2) The council of occupants’ representatives of the instant apartment (hereinafter “the instant council of occupants’ representatives”) against the Plaintiff on February 9, 2015, by the Incheon District Court 2015Ga5123, the damages lawsuit against the Plaintiff in lieu of the defect repair of the instant apartment.

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