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(영문) 서울중앙지방법원 2018.06.22 2016가합531633
하자보수금 등
Text

1. The Plaintiff:

A. As to Defendant Samsung Heavy Industries Co., Ltd, KRW 1,068,213,953 and its intermediate, KRW 161,701,902.

Reasons

1. Basic facts

A. The Plaintiff is the party in the position of the Plaintiff. 1) The Plaintiff is the Plaintiff’s 8 North-dong, 945 apartment units in the North-gu, Northern-si (hereinafter “instant apartment unit”).

(2) The Defendant Samsung Heavy Industries Co., Ltd. (hereinafter referred to as the “Co., Ltd.”) is a project proprietor who constructed and sold the instant apartment, and simultaneously carries out the new construction of the instant apartment.

3) Defendant Construction Mutual Aid Association is a juristic person established pursuant to the Framework Act on the Construction Industry to provide a guarantee, etc. necessary for its members to run a construction business. B. Defendant Samsung Heavy Industries, which entered into a warranty contract, is a warranty contract for each of the instant apartments with Defendant Construction Mutual Aid Association and the instant apartments as indicated below (hereinafter “instant warranty contract”).

A) A guarantee creditor regarding the instant guarantee agreement was issued by the Defendant Construction Mutual Aid Association. The guarantee creditor regarding the instant guarantee agreement was changed to the Plaintiff. The guarantee creditor regarding the instant guarantee agreement from the No. 120 to July 31, 2010 to July 30, 2020, 720, bearing walls, 720,923,535 2 C on July 31, 2010 to July 30, 2015; the floor, roof, 720,923,5353D 3D 31, July 31, 2010 to July 31, 2015; the period of guarantee (the warranty period) is 720,923,535 E. 4 E. 31, 2010 to July 30, 2014; the construction work is 305 to 31,75,201, G2013-7.16.

C. On July 28, 2010, the instant apartment was subject to a pre-use inspection on the instant apartment. Defendant Samsung Heavy Industries did not construct the instant apartment in accordance with the design drawings, or modified the construction differently from the defective construction or design drawings. As a result, multiple defects occurred over the section for common use and section for exclusive use on the instant apartment. (ii) The Plaintiff from July 201 to July 201.

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