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(영문) 창원지방법원진주지원 2014.02.19 2011가합1401
하자보수금
Text

1. Of the instant lawsuit, the part of the conjunctive claim against the Defendant Daewoo Construction Co., Ltd. shall be dismissed.

2. The plaintiff, .

Reasons

1. Basic facts

A. The status of the parties is an autonomous management body that is composed of occupants to manage A Apartments (hereinafter “instant apartment”) 8 and 475 households in Jinju-si, and Defendant Ho Ho Construction is the company that guarantees the repair of the defects of the Defendant Kugu Construction, the contractor of the instant apartment building, the Defendant Kugu Construction, the contractor of the instant apartment building, the construction of the instant apartment building, and the Defendant Seoul Guarantee Insurance, the contractor of the instant apartment building.

B. On August 6, 2007, Defendant Daewoo Construction concluded each of the defect liability insurance contracts as shown in the table 1 (hereinafter referred to as “each of the instant defect liability insurance contracts in case where each of the defect liability insurance contracts is referred to as “each of the defect liability insurance contracts”) with the Defendant Seoul Guarantee Insurance Co., Ltd., and issued each of the defect liability insurance policies from the Defendant Seoul Guarantee Insurance. Each of the defect liability insurance policies provides that the status of the insured shall be automatically succeeded to the status of the council of occupants’ representatives if the council of occupants’ representatives of the instant apartment as the Plaintiff is constituted.

[Attachment 1] (Unit 1) Guarantee Period of the Guarantee Insurance Contract 1 of this case from August 31, 2007 to August 30, 2008 (1 year) 443,862,9662 from August 31, 2007 to August 30, 2007 to August 30, 2008 to August 30, 2009 (2 years) 443,862,9663 from August 31, 2007 to August 31, 2007 to August 30, 2010 (3 years), 65,794,484, and 484 of this case from August 31, 207 to August 31, 207; 305 to August 30, 208 (205 to 37, 205; 205 to 38,537, 205) of the Guarantee Insurance Contract of this case

C. The apartment of this case, upon occurrence of the defect, was inspected on August 29, 2007, but the defect occurred in the section for common use and section for exclusive use of the apartment of this case due to the non-construction, alteration construction, and defective construction of the apartment of this case. Accordingly, the apartment of this case was affected by the function, safety, or aesthetic view.

Accordingly, the plaintiff.

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