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(영문) 광주지방법원 2019.01.31 2017가합50176
하자보수에 갈음하는 손해배상 등 청구
Text

1. The Plaintiff:

A. Defendant B and C jointly share KRW 174,236,794 and their related thereto on March 8, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a self-governing organization comprised of 64 residents of the entire 64 households in Gwangju Mine-gu A multi-family housing (hereinafter referred to as “instant apartment”) for convenience.

Defendant B Co., Ltd. (hereinafter “Defendant Execution Company”) is an executor who sold the instant apartment in lots, and Defendant C Co., Ltd (hereinafter “Defendant City Corporation”) directly constructed the instant apartment.

Meanwhile, the Defendant Housing and Urban Guarantee Corporation (hereinafter “Defendant Housing and Urban Guarantee Corporation”) guaranteed the obligation to repair defects after the inspection on the use of the apartment of this case by Defendant Si Corporation.

B. On August 11, 2015, the Defendant Company entered into each of the instant contracts for the repair of defects (hereinafter “each of the instant contracts”) with the Defendant Guarantee Company as indicated below (hereinafter “each of the instant contracts”).

The guaranteed amount for the guarantee period from August 11, 2015 up to August 11, 2015 to August 10, 2016: (a) from August 11, 2015 to August 11, 2015 to August 11, 2015; (b) from August 11, 2017 to August 75, 692; (c) from August 11, 2015 to August 11, 2015; (d) from August 60, 53, 752 from August 11, 2015 to August 4, 2015; and (e) from August 45, 2019 to August 41, 2015; and (e) April 1, 2015 to 30 years from August 11, 2015 to 30 years from May 1, 2015;

C. On August 21, 2015, the Defendant Execution Company, who had the usage inspection and defects of the instant apartment, was subject to a pre-use inspection on the instant apartment, and delivered each of the instant apartment units to the sectional owners around that time. As the Plaintiff, which was an autonomous management body of the instant apartment, constituted the Plaintiff, the secured creditor of each of the instant guarantee contracts,

On the other hand, as the defects occurred in the apartment of this case, the plaintiff requested the defendants to repair the defects, and even though the defendants repair some defects, the apartment of this case still does not exceed the defects such as the sum of repair costs by the defect list of attached section 1 and the sum of repair costs by the defect list of attached section 2.

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