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(영문) 서울중앙지방법원 2019.05.29 2016가합578366
하자보수에 갈음하는 손해배상 등
Text

1. The Plaintiff:

A. Defendant B, C, and D Co., Ltd. jointly KRW 377,714,409 and among them, KRW 1360,209,739.

Reasons

1. Basic facts

A. The status of the parties and the invitation of occupants 1) The Plaintiff is a Tong-gu A Apartment (hereinafter “instant apartment”).

(2) Defendant B and C are the council of occupants’ representatives comprised of one Dong (96 households in apartment houses, and 28 households in neighborhood living facilities). Defendant B and C are the buyers of the instant apartment, and Defendant B and C concluded a land trust contract with F in relation to the instant apartment construction and sale business, and the status of the sales contract concluded by F in accordance with the termination of the trust contract appears to have been transferred to Defendant B and C, as above.

Defendant D is the contractor who constructed the apartment of the instant case.

4) Defendant E-Union guaranteed the obligation to repair defects arising from the instant apartment (the apartment part) for Defendant D who constructed the instant apartment (the apartment part). 5) Defendant B, C, and F, a truster, announced the invitation of occupants regarding the instant apartment (the apartment part) around July 2013.

B. 1) In the event that Defendant E-cooperative and Defendant D fail to perform their obligation to repair defects that occurred in the instant apartment (multi-unit housing) on May 27, 2015, Defendant D entered into a contract for the payment of a warranty bond within the period and amount as indicated in the following table to the head of Tong-gu City Mayor, which is the guarantee creditor (hereinafter “instant warranty contract”) (hereinafter “instant warranty contract”).

A) A contract was concluded, and Defendant E- Union issued a warranty bond according to the warranty period. The warranty period (the warranty period) between May 29, 2015 and May 28, 2016, and the guaranteed amount (the term "the original type of work" means the period from May 29, 2015 to May 28, 2016, and the period from May 29, 2015 to May 28, 2017; 35,479,874 site preparation work, etc. from May 29, 2015 to May 28, 2018 to May 29, 2018; 42,383,89, 89, and the base date from May 29 to May 28, 2015 to May 28, 2019; 4, 297, 25-3, 295-5, 205.

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