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(영문) 서울중앙지방법원 2016.02.03 2013가합84518
하자보수에갈음하는손해배상 등
Text

1. The Plaintiff:

A. Defendant Hyundai Industrial Development Co., Ltd.: KRW 1,539,305,771 and KRW 1,523,960,701 among them.

Reasons

1. Basic facts

A. The Plaintiff is an autonomous management organization that consists of occupants for the management of A apartment 6 units, 780 units, and ancillary facilities (hereinafter “instant apartment”) located in Changwon-si, Changwon-si B.

The Defendant Hyundai Industrial Development is a project proprietor and a contractor who constructed and sold the apartment of this case.

The Defendant Guarantee Corporation (the Korea Housing Guarantee Corporation, under Article 4 of the Addenda to the Housing and Urban Fund Act, changed its name to the Korea Housing and Urban Guarantee Corporation as at present) entered into a contract with the Defendant Hyundai Industrial Development to pay a warranty bond to the guaranty creditor within the scope of the period and amount specified in the following table (hereinafter “each guarantee contract of this case”) if the Defendant fails to perform the repair obligation upon receiving a request for repair due to the defects in the construction of the apartment of this case during the guarantee period, which occurred after the date of inspection of use, and is a guarantee company issued each guarantee bond.

As the Plaintiff, which is an autonomous management body of the apartment of this case, was organized, the secured creditor of each guarantee agreement of this case was changed to the Plaintiff.

The Guarantee Period (Guarantee Period) 1: (a) from April 30, 201 to April 29, 2011; (b) 1,349,159,622 from April 30, 201 to April 29, 2010 to April 29, 2012 (2) 1,349,159,6223 from April 30 to April 29, 2010 to April 29, 2013 (3rd year); (c) 2,023,739,4324 from April 30 to April 29, 2013 to April 30, 201 to April 29, 201 to April 29, 2015; (d) 1,011,869,50 to April 10, 2015 (5j)

B. The new construction of the instant apartment was completed on April 2010, and on April 15, 2010, the approval for use was granted for the instant apartment.

C. In constructing the instant apartment, Defendant Hyundai Industrial Development failed to construct the part to be built according to the design drawing, or modified and constructed differently from the design drawing. Accordingly, there is a defect such as rupture and water leakage in the section for exclusive use and common use of the instant apartment (hereinafter “each of the instant defects”).

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