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(영문) 수원지방법원 평택지원 2017.01.12 2015가합8614
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an autonomous management body composed of the representatives of the occupants of Pyeongtaek-si, Dai-do, 2nd apartment in 1188 (hereinafter “instant apartment”), and the New Light Comprehensive Construction Co., Ltd. (hereinafter “Defendant New Light Construction”) is a project proprietor who constructed and sold the instant apartment, and the Defendant Housing and Urban Guarantee Corporation is an insurer who issued the warranty bond for the instant apartment.

The performance bond for the guarantee period of No. 1 of April 13, 2005 and the performance bond of 241,573,830 won on April 12, 2006 and the performance bond of 241,573,830 won on April 13, 2005 and the performance bond of 362,360,745 won and the performance bond of 45 won on April 13, 2005 and the performance bond of 241,573,830 won on April 12, 2007 and 362,360,745 won and the performance bond of 181,180,372 won and 250 won on April 13, 2005, and the performance bond of 1985 won and 360 won on April 13, 2005; and

B. On March 30, 2005, in order to guarantee the obligation to repair the defects of the instant apartment, the Defendant Housing and Urban Guarantee Corporation entered into a contract for the warranty of defects (hereinafter “instant warranty contract”) with the U.S. Industrial Development Co., Ltd., the contractor of the instant apartment as Pyeongtaek-si and issued each of the warranty bonds after concluding the following warranty warranty contract (hereinafter “instant warranty contract”).

C. On April 8, 2005, the apartment house of this case was occupied by the residents after obtaining approval for use on April 8, 2005. At that time, the secured creditor of the defect repair contract was changed to the plaintiff in the Pyeongtaek-si market.

On August 30, 2006, the Plaintiff filed a lawsuit against Defendant New Light Construction (U.S. Comprehensive Construction Co., Ltd. prior to the change), U.S. Industrial Development, Defendant Housing and Urban Guarantee Corporation (U.S. Housing Guarantee Co., Ltd. prior to the change), seeking compensation for damages under Suwon District Court’s Sung-nam Branch Branch 2006Ga7583.

In the above suit, the plaintiff is primarily the defendant New Light Construction Co., Ltd.

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