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(영문) 서울중앙지방법원 2014.10.02 2013가합553335
구상금
Text

1. The plaintiff's 324,430,260 won among the lawsuits against the administrator A of the defendant rehabilitation debtor Samdo Construction Co., Ltd. and this.

Reasons

1. Facts of recognition;

A. 1) Status of the parties to the Korea National Housing Corporation (Korean Land Corporation on October 1, 2009) was merged with the Korea Land Corporation, and the Plaintiff comprehensively succeeded to the rights and obligations of the Korea National Housing Corporation.

"Plaintiff" shall be deemed to be "Plaintiff" in total before and after the merger.

) The members of Ansan-si and the 12-dong 814 households, Dong-dong 12, Dong-dong, 12, Dong-dong, 765 (hereinafter referred to as the “instant apartment”).

(2) On May 6, 2009, prior to the filing of the instant lawsuit, Samdo Construction Co., Ltd. received a decision on commencing rehabilitation procedures by the Gwangju District Court 2009dohap15, and the rehabilitation plan on December 2, 2009 was approved on November 25, 2013, respectively.

The manager A of the defendant rehabilitation obligor C&D Construction Corporation (hereinafter referred to as the "Defendant C&D Construction") was appointed as the manager of the Samable Construction Corporation.

B. 1) The Plaintiff entered into a contract on December 31, 1998 (hereinafter “Defendant 2 Construction”) with Defendant 2 Construction Co., Ltd. (hereinafter “Defendant 2 Construction”).

(C) The contract for the construction of the apartment in this case and the construction of the apartment in this case (hereinafter “instant contract”).

(2) Defendant East Construction Co., Ltd. (hereinafter “Defendant East Construction”)

(2) At the time of entering into the instant contract, the Plaintiff and Defendant 2, 3, and 3, respectively, jointly and severally guaranteed the obligation under the instant contract. (2) At the time of entering into the instant contract, the period of warranty for the defect liability of Defendant 2, 3, and 3, 10 years in the case of walls, columns, 10 years in the case of walls, floors, beams, beams, roof, and main stairs, 5 years in the case of machinery and civil engineering, 2 years in the case of machinery and civil engineering, and in other other cases, prior to the amendment by the Ordinance of the Ministry of Construction and Transportation No. 219

The above rules were repealed by Ordinance of the Ministry of Construction and Transportation No. 382 on December 15, 2003.

) The defect repair liability period of 1,2, and 3 years was determined according to Article 11(1) (the type of facility construction subject to defect repair under the foregoing Act).

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