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(영문) 서울남부지방법원 2016.07.21 2014가합110526
손해배상(기)
Text

1. As to the Plaintiff’s comprehensive construction of state-based company, Defendant limited liability company’s construction costs of KRW 669,106,712 and KRW 101,00,000 among them, October 2014.

Reasons

Basic Facts

The plaintiff is an autonomous management body that consists of the occupants in order to manage the 7-dong 636 households of the 7-dong-dong 636 apartment complex B (hereinafter referred to as “the apartment of this case”).

The comprehensive construction of the Defendant-based limited liability company (hereinafter “Defendant-based construction”) is a project proprietor and the contractor who constructed and sold the instant apartment on November 27, 2007 and sold it.

The defendant Housing and Urban Guarantee Corporation (hereinafter referred to as the "Defendant Corporation") was established for the purpose of providing various guarantee services to promote housing welfare and promote urban regeneration, and the name of the defendant Corporation was changed from the Korea Housing and Urban Fund to the defendant Corporation on July 1, 2015 pursuant to Article 4 of the Addenda to the Housing and Urban Fund Act.

The defendant main construction, which entered into a contract for the repair of defects, concluded a contract for the repair of defects (hereinafter referred to as the "contract of this case") with the guarantee creditor of the apartment of this case as the common market as shown in the table with the defendant corporation and the defendant corporation, and deposited each contract for the repair of defects in the common market.

The guarantee deposit for the construction of the instant apartment from July 20, 201 to July 19, 2011 is deemed to have been stated by the council of occupants' representatives during the period from July 20, 201 to July 20, 201, 539,081,603 upper end from July 20, 201 to July 19, 201, until July 19, 2012, the guarantee creditor's representative meeting is deemed to have been changed from July 20, 2010 to July 20, 2013; from July 20, 2010 to July 19, 2013; and from July 20, 2013 to July 31, 205 to 328, 204;

The main contents of the contract for the repair of defects included in the instant contract are as follows.

Article 1 (Definitions)

4. The term “defect” means the classification of works subject to repair of defects and the scope of defects in the attached Tables 6 and 7 of the Enforcement Decree of the Housing Act.

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