(영문) 서울고등법원 2016.10.27 2015나2001169

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(영문) 서울고등법원 2016.10.27 2015나2001169

손해배상(건)

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1. The part against the defendant in the judgment of the court of first instance is modified as follows.

The defendant is subject to 195,149,990 won for the plaintiff.

Reasons

1. Basic facts

A. Status 1 of the parties) The Plaintiff is the two-state A apartment (8 Dong Dong Dong 492, hereinafter “instant apartment”).

In order to manage, it is an autonomous management body that is composed of the occupants. 2) Climco loan Co., Ltd. (hereinafter “Slimco loan”) is the first executor of the instant new apartment construction, and the Slim Co., Ltd. (hereinafter “Slim loan”) is the first contractor of the said new apartment construction.

3) The Defendant is a corporation with the purpose of a guarantee for the sale of the housing built and supplied by a project proprietor under the Housing Act, a warranty for the repair of defects, and the construction and repair of defects of the housing to implement the said guarantee, and a corporation which entered into a housing sale guarantee contract with a small and microco loan for the instant apartment complex, and a corporation B (hereinafter “B”).

(2) On September 26, 2002, the Defendant concluded a housing sale guarantee contract (hereinafter “instant housing sale guarantee contract”) with the Defendant of YUFFFFF as to the construction sale of the instant apartment, which was executed between YFFFFFFFFFFFFFFFFF, with the period of 492 households and the guarantee period of 492 households from September 29, 2003 to July 31, 2006, with the period of 5,13,760,000 units, and the period of 492 units and the period of 392 units.

Article 1 (Definitions of Terms)

1. The term “guaranteed Company” refers to the Defendant.

2. The term “principal obligor” means an executor as described in the letter of guarantee.

3. The term "guarantee Creditor" means a person who has entered into a contract for the sale of a house (including the transferee of the right to purchase a house) with the primary debtor for the business specified in the certificate;

4. The term "guaranteed incident" means any of the following:

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