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(영문) 서울중앙지방법원 2018.09.13 2017가단5240895
하자보수금 등
Text

1. The plaintiff's lawsuit against the administrator A of the Dong Housing, Inc., the defendant rehabilitation debtor of the defendant, is dismissed.

2. Defendant.

Reasons

1. Basic facts

A. 1) The Korea National Housing Corporation (the Korea Land Corporation on October 1, 2009) (the Plaintiff was merged with the Korea Land Corporation).

The “Plaintiff” is not classified before and after the merger.

(3) The apartment complex 3, the main air-system 88-ro 3, the main air-system 498 apartment complex (8 Dong Dong 498, hereinafter referred to as the “instant apartment”).

(2) On October 25, 2002, the Plaintiff concluded a contract for construction, civil engineering, machinery and fire fighting construction (hereinafter “instant contract”) among the new apartment construction works in the instant case with Defendant Daelim Construction Co., Ltd. (hereinafter “Defendant Daelim Construction”) and Dong Dong Comprehensive Construction Co., Ltd. (hereinafter “Dong Dong Comprehensive Construction”) on or around October 25, 2002, for construction, civil engineering, machinery and fire fighting construction among the new apartment construction works (hereinafter “instant contract”).

B. The construction, civil engineering, and machinery construction, as a joint contractor, was jointly implemented by the Defendant Daelim Construction and Taedong Integrated Construction. Fire Fighting Corporation concluded the instant contract by means of sharing performance, and Defendant Sungwon Construction Co., Ltd. (hereinafter “Defendant Sungwon Construction”) jointly and severally guaranteed the obligation under the instant contract.

B. 1) On December 2004, Defendant Daelim Construction Co., Ltd. and Daelim Construction Co., Ltd. (hereinafter “Defendant Daelim Construction Co., Ltd.”). In the instant contract, the Defendant Daelim Construction Co., Ltd. and the Defendant Daelim Construction Co., Ltd., the guarantee creditor for the construction, civil engineering and mechanical engineering among the instant contract is the Plaintiff’s warranty contract (hereinafter “instant 1 warranty contract”).

After the conclusion of the contract, the Defendant Construction Mutual Aid Association issued a warranty of defects with the following contents and submitted them to the Plaintiff. The No. Serial No. 1204-829292, Nov. 30, 2004 to Nov. 30, 2004 or Nov. 29, 2014.

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