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(영문) 서울남부지방법원 2015.08.20 2014가합1943
손해배상(기)
Text

1. The Plaintiff’s rehabilitation claim against C Co., Ltd. is KRW 548,284,901 and KRW 101,00,000 among them.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff is an autonomous management organization comprised of occupants for the management of 7 and 400 households located in Eunpyeong-gu Seoul Metropolitan Government E Apartments (hereinafter “instant apartment”).

(2) The Defendant Union is the implementer of the instant apartment, and C (hereinafter “C”) is the contractor who constructed the instant apartment, and the Defendant Guarantee Corporation guaranteed the Defendant C’s obligation to repair the defects of the instant apartment.

(3) On January 7, 2015, when the instant lawsuit was pending, C commenced rehabilitation proceedings by the Seoul Central District Court Decision 2014 Ma100212, which was the commencement of rehabilitation proceedings. The Plaintiff reported his claim within the reporting period of rehabilitation claims, but the Plaintiff raised an objection, and the Defendant custodian took over C’s legal proceedings.

B. (1) The Defendant Union sold the instant apartment in lots and entered into a warranty contract for the defects of the apartment, and obtained approval from the head of Eunpyeong-gu Seoul Metropolitan Government for the use of the instant apartment on January 4, 2011, and began to move in from the business.

The guarantee letter No. 426,247,976 won in the guarantee period from December 31, 201 to December 30, 2011, G 426,247,976 won in the guarantee period, and the guaranty creditor issued the guarantee guarantee period from December 31, 201 to December 30, 201, to December 31, 2012, H 639,371,964 won in the guarantee period from December 31, 2010 to December 31, 2010 to December 31, 319,685,983 won in the guarantee period and the guarantee period from the Eunpyeong-gu Seoul Construction Contract (hereinafter referred to as “Defendant 31,685,983 won in the guarantee contract from December 31, 2015 to December 31, 2018).

(3) In the instant guarantee contract, the term “the guarantee creditor shall be deemed to have changed to the said council of occupants’ representatives in the event of the formation of the council of occupants’ representatives under Article 60(2) of the Enforcement Decree of the Housing Act.”

(c) Usage inspection on the aggregate of expenses for defect repairs arising from defects.

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