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(영문) 서울남부지방법원 2015.11.12 2013가합19169
손해배상(기) 등
Text

1. The Plaintiff:

A. From August 6, 2015 to August 6, 2015, the Defendant-limited liability company SPSB amounting to KRW 4,189,916,364 and its amount.

Reasons

Basic Facts

The plaintiff is an autonomous management organization organized by occupants, etc. to manage the 330 households, Dong-dong 7, Seo-gu, Seo-gu, Gwangju (hereinafter referred to as the "instant apartment").

Defendant SPP is a project proprietor who constructed and sold the apartment of this case, and the Defendant’s promotion enterprise is the contractor of the apartment of this case.

On August 11, 2009, the Defendant Housing and Urban Guarantee Corporation (AD Co., Ltd.) concluded each warranty insurance contract (hereinafter referred to as “each of the instant warranty insurance contracts”) with each of the warranty insurance contracts as described below (hereinafter referred to as “each of the warranty insurance contracts”) by designating Defendant Promotion Enterprises and Guarantee Creditors as the head of Seo-gu in Gwangju as the head of Seo-gu, Seo-gu, Gwangju.

The guaranteed amount for the site number guarantee period B from August 10, 2009 to August 9, 2010 (1 year) 505,664,406 C from August 10, 2009 to August 9, 2011 (2 years) 505,664,406D from August 10, 201 to August 9, 2011 (2 years) 758,496,609 E from August 9, 2012 to August 9, 2012 (3 years) 379,248,305 F. 305 to August 9, 2014 (5 years), each of the terms and conditions of the instant insurance contract is as follows.

Article 1 (Definition of Terms) The definitions of terms used in this Clause shall be as follows:

5. The term "guarantee accident" means a defect that occurs in a facility subject to defect repair as prescribed in the attached Tables 6 and 7 of the Enforcement Decree of the Housing Act, and the primary debtor fails to perform the defect repair without any justifiable reason, notwithstanding a guarantee creditor's claim for defect repair in each type of work.

Article 5 (Change of Name of Guarantee Creditor) When a council of occupants' representatives is organized, the Guarantee Creditor shall be changed to the council of occupants' representatives.

The apartment of this case, upon occurrence of defects, has undergone a pre-use inspection on August 10, 2009, and due to erroneous construction, non-construction, defective construction, and alteration construction, the apartment of this case and the section for exclusive use.

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