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(영문) 서울중앙지방법원 2015.07.24 2014가합61239
손해배상
Text

1. The plaintiff's lawsuit against defendant Construction Mutual Aid Association and C Co., Ltd. shall be dismissed.

2. The plaintiff defendant B.

Reasons

1. Circumstances leading to the dispute of this case;

A. The Plaintiff is the council of occupants’ representatives organized pursuant to Article 43 of the Housing Act and Article 50 of the Enforcement Decree of the same Act for the management or use of Pyeongtaek-si A Apartment (hereinafter “instant apartment”).

B. Defendant B reconstruction Association (hereinafter “Defendant reconstruction Association”) is a person who constructed and sold the instant apartment, and Defendant Construction Mutual Aid Association is a guarantee company that guarantees the construction of the instant apartment to Defendant Reconstruction Association, a contractor, by failing to perform the construction obligations of the instant apartment in lieu of the contractual obligations or payment of the deposit money, in the event that the instant construction works are not performed by Defendant Reconstruction Association.

C. Upon suspending the construction of the instant apartment, the Defendant Construction Mutual Aid Association entrusted Defendant C Co., Ltd. (hereinafter “Defendant C”) with the construction of the instant apartment in accordance with the construction guarantee agreement, and accordingly, Defendant C completed the construction of the instant apartment.

The defendant reconstruction association obtained approval for the use of the apartment in this case on January 27, 2011.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 10, 11 (including paper numbers; hereinafter the same shall apply), Eul evidence 1, and the purport of the whole pleadings

2. The Plaintiff’s cause of the claim is the number No. 1 of the case related to the item No. 1 of the case related to the item No. 1 of the fire door door No. 2 of the 2nd roof door door door No. 1-17 3 of the 3rd roof gate No. 1-17 of the 2nd roof door door No. 1-17 of the 2nd roof door door No. 4 of the 1-18 of the front door No. 1-18 of the front door No. 1-26 of the 2nd roof No. 1 of the case related to the item No. 1 of the 2nd door No. 1 of the case related to the Plaintiff’s claim, the number No. 1 of the entrance door No. 1 of the 2nd door No. 1-636 of the door No. 1-647 of the 2nd roof door No.

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