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(영문) 서울고등법원 2018.01.12 2015나2046735
손해배상
Text

1. Of the judgment of the first instance court, the part against Defendant B reconstruction association and C corporation shall be modified as follows:

Reasons

1. Basic facts

A. Status 1 of the parties concerned) The Plaintiff is Pyeongtaek-si A Apartment (hereinafter “instant apartment”).

In order to manage the apartment of this case, the apartment of this case is an autonomous management body composed of the occupants, and the apartment of this case is composed of 11 units of housing, 53 units of housing, and other commercial buildings, but it is not related to this case. 2) Defendant B reconstruction Association (hereinafter “Defendant reconstruction Association”) is a project proprietor who constructed and sold the apartment of this case. Defendant Construction Mutual Aid Association (hereinafter “E”) is a guarantee company that guarantees the construction of the apartment of this case by failing to perform the construction duty of this case by E Co., Ltd. (hereinafter “E”) contracted for the new apartment of this case from Defendant Reconstruction Association.

3) When E suspends the construction of the instant apartment, Defendant Construction Mutual Aid Association (hereinafter “C”) pursuant to the said construction guarantee contract.

(B) The construction of the instant apartment was entrusted to the Defendant C, and accordingly, the Defendant C completed the construction of the instant apartment. (B) On February 22, 2007, the Defendant Construction Mutual Aid Association concluded a construction guarantee contract with E, which stipulates that the Defendant Construction Mutual Aid Association shall substitute the contractual obligations with the Defendant Reconstruction Association, the guarantee creditor, or pay the relevant security deposit, in relation to the construction of the instant apartment.

(hereinafter “instant construction guarantee agreement”). The main contents of the construction guarantee agreement incorporated into the contents of the instant construction guarantee agreement are as follows.

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