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(영문) 서울중앙지방법원 2015.07.17 2013가합64514
하자보수에갈음하는손해배상 등
Text

1. The Plaintiff:

A. The Defendant Military Mutual-Aid Association shall provide for KRW 379,192,884 and for this, from May 15, 2014 to July 17, 2015.

Reasons

1. Circumstances leading to the dispute of this case;

A. The Plaintiff is a major complex building A in Jongno-gu Seoul Metropolitan Government (67 stores, apartment 120 households, officetels 238 households, office 14 units, hereinafter “instant building”).

(2) The Defendant Military Mutual Aid Association is an autonomous management body organized by the representatives of occupants to manage the instant building. (2) The Defendant Military Mutual Aid Association is a person who constructed and sold the instant building, and the Construction Co., Ltd. (hereinafter referred to as the “Co-construction”) is a new construction of the instant building by being awarded a contract with the Defendant Military Mutual Aid Association for the construction of the instant building.

3) Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Seoul Guarantee Insurance”)

(B) The company guaranteed the obligation to repair the defects of the instant building. B. 1) Of the instant building, the two-use construction and the Defendant Seoul Guarantee Insurance Co., Ltd. entered into each of the warranty insurance contracts (hereinafter “each of the instant warranty insurance contracts”) with respect to apartment houses (multi-unit houses), officetels, office rooms (offices), and neighborhood living facilities among the instant building, and received each of the warranty insurance policies issued from the Defendant Seoul Guarantee Insurance.

The content of each of the instant guarantee contracts is that “The obligee’s property loss incurred by the obligee is covered by the matters and terms and conditions stated in an insurance policy, even if the obligor received a claim for repair or supplementation of the defect that occurred within the period of warranty liability after the completion inspection or examination of the contract or the sales contract, which is the obligor, in accordance with the terms and conditions of the insurance policy.”

[Collective Housing] Guarantee Period C 428,738,037 won from May 15, 2004 to May 14, 2005. D 372,85,578 won from May 15, 2004 to May 14, 2006 to May 14, 2006 to May 15, 2004 to May 15, 2004 to May 15, 2004 to F 72,871,205 won from May 15, 2007 to May 14, 2007 to May 15, 2004 to May 14, 2004 to May 15, 2004 to May 14, 2009 to May 14, 2009.

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