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(영문) 서울남부지방법원 2016.11.18 2014가합115835
손해배상(건)
Text

1. The Plaintiff:

A. As to the Defendant B’s KRW 1,098,396,032 and its KRW 871,913,891 among them, Defendant B’s Co., Ltd. shall be deemed to have existed on December 13, 2014.

Reasons

1. Basic facts

A. The status of the parties is an autonomous management organization consisting of the occupants in order to manage the 347 units and ancillary facilities of Gwangju Mine-gu A apartment complex (hereinafter “instant apartment complex”), and Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company that constructed and sold the instant apartment complex, and Defendant Korea Housing and Urban Guarantee Corporation (Korea Housing and Urban Guarantee Corporation has changed the name to the Housing and Urban Guarantee Corporation pursuant to Article 4 of the Addenda to the Housing and Urban Fund Act; hereinafter “Defendant Guarantee Corporation”) is a corporation with the purpose of selling the housing constructed and supplied by the project proprietor according to the Housing Act, guaranteeing the sale of housing units, guaranteeing the repair of defects, and repairing defects of housing units to implement the said guarantee.

B. Defendant B, who entered into a warranty contract, entered into each of the following warranty contracts (hereinafter collectively referred to as “each of the instant warranty contracts”) on the apartment of this case with Defendant Guarantee Corporation, and was issued by Defendant Guarantee Corporation a warranty bond.

The warranty period of No. 1 C from November 28, 2006 to November 27, 2007, from November 27, 2007, from November 27, 2006 to November 354, 580,782, from November 28, 2006 to November 27, 2006, from November 27, 2008 to November 354, 208, 782, from November 28, 2006 to November 531, 207, from November 27, 2009 to November 531, 207, from 173, from November 28, 2006 to November 27, 2006, from November 265, 2035 to 58, 206 to May 16, 207;

C. Defendant B had undergone a pre-use inspection on the instant apartment on January 2, 2007. Since that time, the relevant household of the instant apartment was delivered to the sectional owners, and thereafter, the secured creditor of each of the instant guarantee contracts was changed to the Plaintiff. (2) Defendant B did not construct the construction work of the instant apartment in accordance with the design drawing.

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