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(영문) 서울중앙지방법원 2018.06.08 2016가합576544
하자보수에 갈음하는 손해배상
Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall pay KRW 1,594,869,145 and its amount from February 22, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. Status 1 of the parties concerned) The Plaintiff is the A Apartment-si, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-si (hereinafter “instant apartment”).

A) An autonomous management body consisting of 580 residents of 580 households, and Defendant B shall construct and sell the apartment of this case, and D Co., Ltd. (hereinafter “D”).

2) The Defendant C is the contractor who was awarded a contract for the new construction of the instant apartment from D and the Defendant Corporation guaranteed the obligation to repair the defects of the instant apartment.

B. On April 19, 2012, Defendant B and C entered into a trust agreement with Defendant B and D on a management-type land trust agreement (hereinafter “instant trust agreement”) under which Defendant B and D shall trust the instant apartment site to Defendant B, and D shall pay trust benefits to beneficiaries by selling the instant apartment after building the instant apartment.

C. From February 24, 2012 to February 23, 2013 to February 23, 2013 (one year) 418,084,182 to February 23, 2012 to February 24, 2014 to February 23, 2014 (two years) 1,045,210,453 to February 24, 2012 to February 24, 2012 to 836,168,364 to 204 to February 23, 2015 (three years), and Defendant 236,204 to guarantee the repair of defects (two years) from February 24, 2012 to February 23, 2016 to 203, 206 to 2036, 2636,274,275-26,2736,274,216

(2) On February 29, 2012, the Plaintiff entered into a guarantee agreement, and D obtained approval for the use of the instant apartment, and around that time, each of the instant apartment units was delivered to the sectional owners.

The defendant C shall construct the apartment of this case in accordance with the design drawings.

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