logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.08.17 2017가합578479
손해배상(건)
Text

1. The Plaintiff:

A. As regards Defendant B Co., Ltd, the amount of KRW 388,859,051 and KRW 150,000 among them, the amount of KRW 150,000 shall be from February 16, 2017.

Reasons

1. Basic facts

A. The Plaintiff as the parties concerned is comprised of one commercial building, 50 households of multi-family housing, and 20 households of officetels in the instant aggregate building located in Michuhol-gu Incheon Metropolitan City (hereinafter “instant aggregate building”).

The management body consisting of all sectional owners of the aggregate building, Defendant B is a project proprietor who sold the aggregate building in this case, and Defendant C is a company that executed a new construction of the aggregate building in this case by being awarded a contract from Defendant B.

The Defendant Union issued a warranty bond for the defect repair of the instant aggregate building for the Defendant C who constructed the instant aggregate building.

B. 1) The Defendant C’s each contract for the repair of defects with respect to the part of the instant aggregate building among the instant aggregate buildings between the Defendant and the association (hereinafter “instant repair of defects”) as indicated in the following table.

In concluding a contract, the secured creditor was designated as the Southern-gu Office (after that, the management body of the instant condominium, the status of the secured creditor of the instant contract for the repair of defects was succeeded to the Plaintiff.

() On September 30, 2015, the Defendant Union issued a warranty bond and submitted it to the Plaintiff. The remainder between October 7, 2015 and October 12, 2016, 12,974,733 2, from October 7, 2015 to October 6, 2016, 32,436,8323 from October 7, 2015 to October 6, 2017, and the remainder between the warranty bond and the warranty bond of this case relating to October 7, 2015 to October 6, 2018.

Article 1 (Guarantee Liability) D Association (hereinafter referred to as the "Association") shall be responsible for defects arising from design documents at the time of completion of the inspection for use (construction completion) within the warranty period after the contractor (hereinafter referred to as the "debtor") has undergone a pre-use inspection or inspection of construction works, etc. entered on the front.

arrow