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(영문) 서울남부지방법원 2014.09.16 2014가합2694
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an autonomous management organization that consists of occupants for the management of 466 units of Coula-ro 52 (Seoul-dong) in Mapo-gu, Mapo-gu, Seoul, and 466 households (hereinafter “instant apartment”).

B. On June 20, 2003, Nonparty Co., Ltd. (hereinafter collectively referred to as “Coul Global”) who constructed the instant apartment, concluded a contract for warranty liability (hereinafter “instant warranty contract”) with the Defendant setting the head of Mapo-gu Seoul Metropolitan Government as a guaranty creditor and the guarantee period from June 28, 2003 to June 27, 2013 as KRW 170,124,849 (hereinafter “instant warranty contract”) and issued a warranty bond.

C. On June 28, 2003, the apartment of this case was inspected by the head of Mapo-gu Seoul Metropolitan Government, and thereafter, the plaintiff was constituted and succeeded to the status of the guarantee creditor of the contract of this case.

The Plaintiff is a defect that occurred from April 30, 2012 to August 27, 2013 with respect to the apartment of the instant apartment, and the warranty liability period of the instant apartment is 10 years and less than 10 years.

(B) The Companion global sexual harassment requested for remuneration but failed to comply with the request for repair of defects (based on recognition). [The fact that there is no dispute, and each description of Gap 1, 3, or 6 (including each number; hereinafter the same shall apply).

- The purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the plaintiff of the parties concerned caused the guarantee accident stipulated in the contract of this case as the guarantee contract of this case because the Kook Global, which is the guaranteed liability for the 10-year defects of the apartment of this case, failed to perform the defect repair obligation without any justifiable reason. As such, the defendant is liable for the performance of the liability for defect repair under the contract of this case, which is equivalent to the expenses for the repair of the 10-year defects actually incurred to the plaintiff within the limit of the guaranteed amount.

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