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(영문) 서울중앙지방법원 2017.07.19 2014가합593590
손해배상(건)
Text

1. The plaintiff's lawsuit against the defendant SP Construction Co., Ltd. shall be dismissed.

2. The NONNON Co., Ltd.

Reasons

1. Basic facts

A. The Plaintiff is a party’s status 1) The Plaintiff is a primary complex building (including apartment 273 households, commercial buildings, and business facilities) located in 235, Jung-gu, Seoul.

hereinafter referred to as “instant building”

In order to manage apartment parts among them, it is an autonomous management body comprised of the occupants. 2) Defendant NexEX Co., Ltd. (hereinafter “Defendant NexEX”) is an executor who sold the instant building. Defendant NexEX Co., Ltd. (hereinafter “Defendant Nex”) is a contractor who newly constructed the instant building by being awarded a contract with Defendant NexEX for the construction of the instant building from Defendant NexEX. Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Seoul Guarantee Insurance”) is a guarantor who entered into a warranty contract with Defendant NexEX for the part of the instant apartment part of the instant building.

B. 1) On November 10, 2009, Defendant AS Construction Co., Ltd. entered into a warranty contract with the Defendant Seoul Guarantee Insurance Co., Ltd. on the part of the instant apartment after undergoing a pre-use inspection on the new construction of the instant building, and if Defendant AS Construction fails to perform a warranty contract with the Defendant AS Construction Co., Ltd. on the part of the instant apartment after receiving a claim for the repair of the defects that occurred during the warranty period without justifiable grounds, the said contract shall be concluded that the Seoul Guarantee Insurance Co., Ltd. shall either perform the repair to

A) The Defendant’s Seoul Guarantee Insurance Co., Ltd. was issued a guarantee of each of the following contents. The guarantee period of the guaranteed amount of November 30, 2009 - November 29 (1 year) 620,002,836 - November 30, 2011 (2 years) 620,002,836 - November 29, 201 620,002,836 - November 30, 2012 (3 years), 930,04, 2544, November 30, 2014 - Defendant’s construction on November 29, 2014 (205, 465, 205, 207; 195, 205, 195, 205, 205, 196, 205, 196, 205, 2014

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