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(영문) 서울중앙지방법원 2019.07.12 2018가합517396
하자보수보증금 등 청구의 소
Text

1. Defendant B Co., Ltd.: (a) with respect to KRW 289,021,023 and KRW 201,00,000 among the Plaintiff, from April 13, 2018, and KRW 88,021.

Reasons

1. Facts of recognition;

A. Status 1 of the parties concerned ) The plaintiff is Busan Jin-gu, Busan (hereinafter "the apartment of this case").

(2) Defendant B Co., Ltd. (hereinafter “Defendant B”) and E Co., Ltd. (hereinafter “E”) concluded a trust agreement with Defendant B as a truster and trustee with respect to the instant apartment in accordance with Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings.

E is a company that implemented and sold the construction project of the apartment of this case in accordance with the above trust contract.

3) Defendant C Co., Ltd. (hereinafter “Defendant C”)

(B) Defendant D Co., Ltd. is a company that constructed the instant apartment, and Defendant C Co., Ltd guaranteed the obligation to repair defects after the use inspection of the instant apartment after Defendant C’s use inspection. (B) Defendant C entered into a warranty contract with Defendant D Co., Ltd on June 1, 2016 to guarantee the obligation to repair defects after the use inspection of the instant apartment.

The specific terms of the above guarantee agreement are as listed below:

Serial No. 1 F 1 F. From June 7, 2016 to June 6, 2017, June 24, 2017, G 2016 to June 7, 2016, H H 62,326, 2073 from June 7, 2018 to June 6, 2016 to June 6, 49, 860, 9664 I 6.6.6.6.6.37, 395, 7245, 7245 J. 5, 2016 to P. 36.6.6.6.6.26.6.20 of the instant case’s warranty warranty was changed from the head of Busan Metropolitan City, which was approved to use the apartment.

2. The part to be constructed by Defendant C while carrying out construction work on the apartment of this case.

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