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(영문) 서울서부지방법원 2019.01.31 2017가합34790
손해배상(기)
Text

1. The Plaintiff:

A. C Co., Ltd., which is the taking over of the lawsuit of Defendant B, is 853,348,431 won and the same on July 2017.

Reasons

Basic Facts

The plaintiff is a self-resolution body established pursuant to Article 14 of the Multi-Family Housing Management Act in order to determine important matters concerning the management on behalf of the occupants, etc. of the A apartment 7-dong 610 households (hereinafter collectively referred to as the "the apartment of this case") located in Gyeyang-gu, Gyeyang-gu.

Prior to the division, Defendant B Co., Ltd. was established on October 14, 1977 for the purpose of housing construction business, various construction business, etc., and built and sold the apartment of this case. On May 2, 2018, Defendant B Co., Ltd. divided the construction business, PC business, hotel business, and container business, and established C Co., Ltd., a litigation taking over the lawsuit of Defendant B Co., Ltd.

(A) The Korea Housing and Urban Guarantee Corporation (hereinafter “Defendant Company”) established pursuant to the Korea Housing and Urban Guarantee Corporation Act (hereinafter “Korea Housing and Urban Guarantee Corporation”) pursuant to Article 4 of the Addenda to the Housing and Urban Fund Act (Act No. 12989, Jan. 6, 2015; hereinafter “Defendant Corporation”) is a corporation established pursuant to the Korea Housing and Urban Guarantee Corporation Act for the purpose of performing various guarantee business and policy projects and efficiently operating and managing the Fund in order to contribute to improving the quality of people’s lives by supporting the promotion of housing welfare and urban regeneration revitalization.

The defendant company obtained approval for the business of the apartment of this case around April 2005, such as the construction of the apartment of this case and the conclusion of the warranty contract for defects.

A defendant company and the defendant corporation, notwithstanding the guarantee creditor's claim for defect repair with respect to the defects that occurred within the defect liability period in the construction of the apartment of this case performed by the defendant company around June 2012, if a guarantee accident occurs that the defendant company fails to perform the defect repair without justifiable grounds, the defendant corporation will perform the defect repair to the guarantee creditor or bear the guarantee obligation that pays the cost of the defect repair.

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