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(영문) 서울중앙지방법원 2013.07.17 2012가합533587
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) The Plaintiff entered into the instant contract, etc.) 620 households, 9, Dong-dong, 620 apartment complexes of Samsan-ro, Busan-dong, Busan-dong, 393-4 (hereinafter “instant apartment complex”).

(2) On September 29, 1997, the Plaintiff entered into a contract on the new construction of the instant apartment with Korea-U.S. Co., Ltd. (hereinafter “Defendant Hanyang”), and Defendant Gold Industry Co., Ltd. (hereinafter “Defendant Gold Industry”) jointly and severally guaranteed the obligation under the instant contract against the Plaintiff in Hanyang.

(3) The plaintiff and the defendant Hanyang, at the time of the contract of this case, shall be 10 years in the case of walls, columns, beams, roof, and main stairs, 5 years in the case of machinery and civil engineering, 2 years in the case of machinery and civil engineering, and 2 years in other cases, the old Rules on the Management of Multi-Family Housing (amended by the Ordinance of the Ministry of Construction and Transportation No. 219 of December 7, 199) that had been enforced at the time of the contract of this case.

The above rules were repealed by Ordinance of the Ministry of Construction and Transportation No. 382 on December 15, 2003.

Article 11(1) of the Act (the foregoing provision stipulates the classification of the facility construction subject to defect repair and the period of the defect repair liability under the attached Table 3, and the attached Table 3 sets the period of defect repair liability for 1,2 and 3 years depending on the type of the facility construction subject to defect repair, respectively.

B. The Defendant Hanyang concluded a warranty contract with the Defendant Construction Mutual Aid Association on the instant apartment as follows (hereinafter collectively referred to as the “each of the instant warranty contracts”)

A) A contract was concluded and the Defendant Construction Mutual Aid Association issued a warranty bond and issued it to the Plaintiff. The warranty period of the warranty period of the defect warranty period of No. 110966, May 16, 2000 to May 15, 2002. The warranty amount of the warranty period of the original 10966, May 16, 2000 to May 16, 2000 to July 14, 2002, No. 28422, Apr. 16, 200 to April 16, 200.

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