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(영문) 서울중앙지방법원 2019.01.09 2016가합4384
하자보수에 갈음하는 손해배상 등
Text

1. The following 2-A among the lawsuits against Defendant C Co., Ltd.

payment in excess of the money stated in the subsection.

Reasons

1. Basic facts

A. Status 1 of the parties concerned) The Plaintiff is Eunpyeong-gu Seoul Metropolitan Government A apartment (hereinafter “instant apartment”).

(2) Defendant B District Housing Redevelopment and Improvement Project Association (hereinafter “Defendant Association”) is a project proprietor who constructed and sold the instant apartment, and Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company that constructed the instant apartment after receiving a contract from the Defendant Association for a new construction work of the instant apartment.

3) The name of the Defendant Housing and Urban Guarantee Corporation (the Korea Housing and Urban Guarantee Corporation pursuant to Article 4 of the Addenda to the Housing and Urban Fund Act was changed from the name to the Housing and Urban Guarantee Corporation

Defendant Guarantee Corporation (hereinafter referred to as “Defendant Guarantee Corporation”).

(B) The Defendant C guaranteed the performance of the obligation to repair the defects of the instant apartment. (B) On July 13, 2011, Defendant C entered into each of the warranty contracts (hereinafter “each of the instant warranty contracts”) on the instant apartment with the Defendant Guarantee Corporation and the guarantee creditor as the head of Eunpyeong-gu Office as indicated below, and was issued by the Defendant Guarantee Corporation, respectively.

The specific article column of each of the above guarantees states that “No guarantee shall be liable for any defect that occurred prior to the period of guarantee, and the guarantee creditor shall be deemed to have been changed to the council of occupants’ representatives when organizing the council of occupants’ representatives under Article 60(2) of the Enforcement Decree of the Housing Act.”

Serial No. 1 D 1D 1 D 20 from July 29, 201 to July 28, 2012; 550,741,920 E 2 E from July 29, 2011 to July 28, 2013; from July 29, 2013 to July 1, 376,854,8013; from July 29, 2011 to July 28, 2014; 101,483,8414 G 29 July 29, 201 to July 29, 201 to July 29, 2011 to July 28, 2015; 206 I/7.8; 28.6,7.16, Jul. 28, 2015;

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