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(영문) 서울중앙지방법원 2017.08.18 2015가합10894
하자보수에 갈음하는 손해배상 등
Text

1. The plaintiff's lawsuit against the defendant SP Construction Co., Ltd. shall be dismissed.

2. The Plaintiff:

A. The defendant corporation.

Reasons

1. Basic facts

A. 1) The Plaintiff is an autonomous management organization organized by the representatives of the occupants for the management of 12, 719 households, Dong-dong 719, Dong-si (hereinafter “instant apartment”). The Defendant Il-do Construction Co., Ltd. (hereinafter “Defendant Il-do Construction”) is a company that sold the instant apartment, and Defendant Il-do Construction Co., Ltd. (hereinafter “Defendant Il-do Construction”) is a construction contractor that constructed the instant apartment after being awarded a contract for the construction of the instant apartment from Defendant Il-do Construction.

3) The Defendant Construction Mutual Aid Association (hereinafter “Defendant Mutual Aid Association”) concluded a warranty contract for the instant apartment as seen in the following sub-paragraph (b) with Defendant DaS Construction. B. The Defendant Mutual Aid Association concluded a warranty contract for the defect repair of the instant apartment within the warranty period C 81,381,04, 044 from May 31, 201 to May 30, 2011, D 81,381,0444 from May 31, 201 to May 30, 2011, and the Defendant Mutual Aid Association did not issue the warranty bond within the warranty period of 1,217,071,56 from May 31, 2010 to May 30, 2012 to 30, 2015 to 205, 205, 206, 205, G. 35, 2015 to 305, 2013.

2) On June 3, 2010, the approval was granted for the use of the instant apartment. Since then, the Plaintiff, an autonomous management body of the instant apartment, constituted the Plaintiff, the guarantee creditor of the said defect repair contract, was changed to the Plaintiff. C. The cost of the occurrence and repair of defects in the instant apartment and the cost of the construction of the instant apartment, Defendant GaS Construction did not construct the part to be constructed according to the design drawing, or defective construction.

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