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(영문) 서울중앙지방법원 2016.10.14 2014가합4984
손해배상
Text

1. Defendant F Co., Ltd. (excluding the appointed party G Co., Ltd.) and the appointed party (excluding the appointed party G Co., Ltd.) [Attachment 5].

Reasons

1. Circumstances leading to the dispute of this case;

A. Status 1) The Plaintiff et al. (hereinafter “Defendant E”)

) I (Ground 5 floors, 15 floors, 172 rooms, 172 rooms, hereinafter referred to as “instant factory building”) located in Seongdong-gu Seoul and H and 12 parcels.

) The buyer who entered into a sales contract and the buyer or the buyer who acquired the right to claim damages due to the failure of the sales contract to Defendant E from the sectional owner (Plaintiff A and B are the buyer and the sectional owner as follows to acquire the right to claim damages due to the failure of the sales contract to Defendant E from the sectional owner and the sectional owner.

40. The J is a co-owner who owns 1/3 shares of the factory building of this case 609.

The number of buyers of the factory building 1307 of this case is 66. G Co., Ltd., and the sectional owners are K Co., Ltd. 67.

2) The Plaintiff 1 et al. (hereinafter “Plaintiff 1 management committee”)

In order to manage the factory building of this case, Defendant E is an autonomous management organization created by sectional owners. 2) Defendant E is a person who constructed and sold the factory building of this case.

Defendant F Co., Ltd. (the trade name at the time of the contract was “L Co., Ltd., but later changed; hereinafter “Defendant F”) is a new construction work of the instant factory building by being awarded a contract with Defendant E for the construction work of the instant factory building.

Defendant Construction Mutual Aid Association is a company that guarantees Defendant F’s duty to repair defects in the instant factory building.

B. On August 28, 2008, Defendant F, such as the conclusion and execution of a contract, concluded a contract with Defendant E for the construction of the instant factory building and completed the contract by setting the contract amount of KRW 2,600,000 per square meter (excluding value added tax, demolition work, and internal interior interior interior interior interior work) on the basis of total floor area.

Defendant E obtained approval for the use of the instant factory building on February 16, 2011.

C. The Defendant Construction Mutual Aid Association, which entered into a warranty contract, is the Defendant on March 15, 201.

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