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(영문) 서울서부지방법원 2020.11.11 2017가합32411
손해배상(기)등
Text

The plaintiff's lawsuit against D Co., Ltd. is dismissed.

2. The plaintiff

A. Defendant.

Reasons

1. Basic facts

A. The Plaintiff is a party. 1) The Plaintiff is composed of A Apartment (4 Dong Dong 195) in Mapo-gu Seoul Metropolitan Government E.

hereinafter referred to as “the apartment of this case”

(2) The Defendant Union is an implementer of a housing redevelopment project that newly constructs the instant apartment in Mapo-gu Seoul Metropolitan Government, and the Defendant Company is a contractor who performed a new apartment construction project after being awarded a contract with the Defendant Association for the instant apartment construction project, and the Defendant Guarantee Corporation guarantees the performance of the obligation to repair defects in the instant apartment.

B. From September 2010, the Defendant Cooperative built the instant apartment and obtained approval for use on March 26, 2013.

C. (1) On March 7, 2013, the Defendant Company entered into a contract for the repair of defects (hereinafter collectively referred to as “each of the instant guarantee contracts”) with the Defendant Guarantee Corporation and the guaranty creditor as the head of Mapo-gu Seoul Metropolitan Government.

The guarantee creditor of each of the above guarantees is indicated as the head of Mapo-gu Office (where the council of occupants' representatives is organized pursuant to Article 5 of the Guarantee Terms and Conditions, the guarantee creditor shall be deemed to be changed to the council of occupants' representatives). According to each of the instant guarantee contracts, the Defendant Guarantee Corporation, notwithstanding the claim for remuneration for defects arising during the warranty period (the warranty period) after the inspection on the use of the instant apartment, is obliged to pay the other party obligations within the scope of the guaranteed amount by failing to perform it without justifiable grounds. Serial guarantee amount from March 29, 2013 to March 28, 2014, 187, 967, 3212 to March 29, 2013 to March 28, 2014, 2018 to March 28, 2013 to March 28, 2013, 198 to March 3, 2013; 203-3.6.

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