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(영문) 서울중앙지방법원 2019.01.25 2016가합530357
하자보수보증금 등 청구의 소
Text

1. Of the Plaintiff’s lawsuit against Defendant B Co., Ltd., the part claiming KRW 334,505,411 and damages for delay.

Reasons

Facts of recognition

The plaintiff is an autonomous management organization that consists of the occupants of five Dongdaemun-gu Seoul Metropolitan Government A Apartment-dong 190 households (hereinafter referred to as the "instant apartment").

D District Housing Redevelopment and Improvement Project Association (hereinafter referred to as the "Inbound Partnership") is a project proprietor who constructed and sold the apartment of this case, and Defendant B is a company that constructed the construction work of the apartment of this case.

Defendant C Union guaranteed the duty to repair defects after the inspection on the use of the apartment of this case by Defendant B.

On May 4, 201, Defendant B entered into a contract for the repair of defects with the head of Dongdaemun-gu Seoul Metropolitan Government as the guarantee creditor (hereinafter “instant guarantee contract”) to guarantee the obligation to repair defects after the inspection of the use of the instant apartment on May 31, 201 (hereinafter “instant guarantee contract”) as follows: 109, 107, 03, 032F from May 31, 201 to May 30, 201; 272, 767, 508 GG 308 to May 31, 2014; 205, 206 I/6.36/65/615/6/30, 201 to May 30, 201, 205:

Since then, the guarantee creditor of the instant guarantee contract was changed from the head of Dongdaemun-gu Seoul Metropolitan Government to the plaintiff.

On May 30, 201, the apartment of this case, the defect occurrence and the defect repair cost of the apartment of this case, obtained a provisional use approval, and around that time, the relevant household of the apartment of this case was transferred to the sectional owners, respectively. In the construction work of the apartment of this case, Defendant B failed to construct the part to be constructed in the construction work of the apartment of this case, or modified the construction differently from the defective construction or design drawing, thereby causing a defect such as rupture, water leakage, etc. in the section for common use

The plaintiff is the tenant and the sectional owner of the apartment of this case.

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