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(영문) 서울중앙지방법원 2018.02.22 2016가합552371
손해배상(기)
Text

1. The plaintiff's lawsuit on the construction of treatment for the defendant corporation is dismissed.

2. The Plaintiff:

A. The defendant corporation.

Reasons

1. Basic facts

A. The plaintiff is a party to the dispute 1) The plaintiff is a macro-si apartment A (hereinafter referred to as "the apartment of this case").

(2) On July 26, 2012, an Asian Trust Co., Ltd. (hereinafter “Defendant Korea-U.S. Development”) concluded a management-type land trust agreement on the instant apartment and its site (hereinafter “instant trust agreement”) with the Asian Trust Co., Ltd. (hereinafter “A.S.”) for the management of 12 East 764 households, and the Asian Trust is a company that implemented the instant new apartment construction project and sold it in lots pursuant to the said trust agreement.

3) Defendant Treatment Construction Co., Ltd. (hereinafter “Defendant Treatment Construction”)

The company that constructed the apartment of this case and the defendant Housing and Urban Guarantee Corporation (hereinafter referred to as the "Defendant Guarantee Corporation")

(B) A guarantee company that guarantees the performance of the obligation to repair the defects of the apartment of this case of Defendant Daewoo Construction. B. A contract that guarantees the obligation to repair the defects of the apartment of this case between Defendant Daewoo Construction and the Guarantee Company on January 30, 2015 (hereinafter “each guarantee contract of this case”) under which the following obligation to repair the defects of the apartment of this case is guaranteed (hereinafter “each guarantee contract of this case”).

A) A) A contract was concluded, and each warranty bond was issued by the Defendant Guarantee Corporation and deposited it to the head of the Si with the authority for usage inspection. Each of the above warranty bond states as follows: “The guarantee creditor shall not be liable for any defect that occurred prior to the period of warranty, and the guarantee creditor shall be deemed to be changed to the same council of occupants’ representatives when the council of occupants’ representatives is organized under Article 60(2) of the Enforcement Decree of the Housing Act.” [mark] The details of issuance of the warranty bond No. 256,379,273 640,948,182 2 C from the date of the pre-use inspection from the date of the first pre-use inspection to the date of 2 years from the date of the pre-use inspection.

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