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(영문) 서울중앙지방법원 2017.01.13 2014가합505227
하자보수보증금 등
Text

1. The Plaintiff’s claim for KRW 88,143,796 and its delay damages against the Defendant Daewoo Construction Co., Ltd.

Reasons

1. The following facts are either in dispute between the parties or in accordance with Gap evidence 1 to 7, evidence 1 to 8-2, evidence 9-1, 2, evidence 10-1 to 3, evidence 11-1 to 3, and evidence 12 as a whole.

A. The Plaintiff is an autonomous management body composed of the sectional owners of the four Dongs located in the Gu and the 247 household’s “A apartment” (hereinafter “instant apartment”) pursuant to the provisions of the Enforcement Decree of the Housing Act and the Housing Act by virtue of the sectional owners.

Defendant Quasi-Construction Co., Ltd. (hereinafter “Quasi-Construction”) is a company that newly built and sold the apartment of this case, and the Defendant Daewoo Construction Co., Ltd. (hereinafter “Treatment Construction”) is a company that built the apartment of this case upon receipt of a contract for the construction of the apartment of this case (hereinafter “the instant construction”).

On January 20, 2009, the Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee Co., Ltd.”) issued each of the warranty against the Defendant, the following (hereinafter referred to as “instant warranty against defects”) with respect to the instant apartment on January 20, 209:

(1) From February 14, 209 to February 13, 2010, the guaranteed amount: (2) From February 14, 2009 to February 13, 2010, the guaranteed amount of KRW 224,340,426; (3) from February 14, 2009 to February 13, 201, the guaranteed amount of KRW 336,510,639; (4) from February 14, 2009 to February 13, 2012; (5) The guaranteed amount of KRW 168,25,320; and the guarantee period of KRW 168,25,320; and (5) from February 14, 2009 to February 13, 2014; and (5) the guarantee period of the council of occupants' representatives shall not be deemed the guarantee period of the guaranteed amount of KRW 168,255,319; and

B. The inspection date of the instant apartment is February 14, 2009.

C. The Plaintiff is the Plaintiff.

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