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(영문) 서울남부지방법원 2016.03.25 2014가합9244
손해배상 등
Text

1. The Plaintiff:

A. The defendant Ho-ice Co., Ltd., and Ho-Ha-ho Co., Ltd., are jointly and severally liable for 771,184,025 won and their amount.

Reasons

1. Basic facts

A. The status of the parties is that the Plaintiff is an autonomous management body composed of the occupants in order to manage the 12-dong, 803 households and ancillary facilities of the Dongcheon-do apartment (hereinafter “instant apartment”) located in 10, 680, Seo-gu, Gwangju, Seo-gu, Gwangju, and the Defendant Hoba Construction Co., Ltd. (hereinafter “Defendant Hoba Construction”) is a company that executed the instant apartment after being awarded a contract for the construction of the instant apartment from the Defendant Hoba and Hoba Co., Ltd. (hereinafter “Defendant Hoba et al.”).

B. The conclusion of the warranty contract with the Defendant Housing and Urban Guarantee Corporation (hereinafter “Defendant Guarantee Corporation”) entered into each of the warranty contracts (hereinafter “each of the instant warranty contracts”) with respect to the instant apartment units as indicated below, and was issued by the Defendant Guarantee Corporation a warranty against the said apartment units.

Serial No. 1 0561208-201-003201 on September 19, 2008 to September 18, 2009, from September 19, 2008; 468; 4221 on September 19, 2008 to September 19, 2008; 972; 468-208-201-003202 on September 19, 2010; 30561208-208; 2008-2008-203203; 205.205-19-205; 205.208-3209; 204.25.205-19; 305.205.204.205.208

C. On September 19, 2008, Defendant Ho Ho-ice had undergone a pre-use inspection on the instant apartment on September 19, 2008. Since that time, the relevant household of the instant apartment was delivered to the sectional owners, and thereafter, the guarantee creditor of each guarantee contract of the instant apartment was changed to the Plaintiff, as the Plaintiff was organized by the autonomous management body of the instant apartment. (2) Defendant Ho-J Construction failed to construct the part to be built in accordance with the design drawing while performing the new construction work of the instant apartment, or performed the defective construction.

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