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(영문) 서울중앙지방법원 2013.08.14 2012가합541076
구상금
Text

1. The Plaintiff:

A. Defendant A and Gold Mine Companies Co., Ltd. are jointly and severally 48,814,945 won and Defendant A with respect thereto.

Reasons

1. Basic facts

A. 1) The Korea National Housing Corporation (Korea Land Corporation on October 1, 2009) (the Plaintiff was merged with the Korea Land Corporation on October 1, 2009), and the Plaintiff comprehensively succeeded to the rights and obligations of the Korea National Housing Corporation.

"Plaintiff" shall be deemed to be "Plaintiff" in total before and after the merger.

) The Jung-gu Incheon Jung-gu apartment unit 15 Dong 740 households (hereinafter referred to as the “instant apartment”).

(2) On November 20, 1999, the Plaintiff entered into a contract with Defendant A, Daewoo Motor Sales Co., Ltd., and Taeduk Facilities Co., Ltd. for the construction of the instant apartment (hereinafter collectively referred to as “Defendant A, etc.”), which is a project proprietor who constructed and sold the instant apartment, and the Plaintiff jointly and severally guaranteed the obligation under the said contract with Defendant A, etc.

(3) At the time of the instant contract, the Plaintiff and Defendant A et al. were repealed by Ordinance of the Ministry of Construction and Transportation (amended by Ordinance of the Ministry of Construction and Transportation No. 219, Dec. 7, 1999) of the former Rules on the Management of Multi-Family Housing (amended by Ordinance of the Ministry of Construction and Transportation No. 219, Dec. 15, 2003) that had been enforced at the time of the instant contract, in the case of walls, columns, 10 years in the case of columns, 5 years in the case of columns, roof, roof, and main stairs, 2 years in the case of machinery and civil engineering, and

(1) Article 11(1) of the Act provides that the period of liability for repairing defects shall be determined in attached Table 3, and the period of liability for repairing defects shall be determined in attached Table 3, and attached Table 3 provides that the period of liability for repairing defects of 1,2, and 3 years according to the type of the facility construction subject to

B. B. 1) Defendant A’s obligation to guarantee the repair of defects arising from the apartment of this case, based on the completed drawings at the time of inspection between Defendant Construction Mutual Aid Association and Defendant Construction Mutual Aid Association.

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