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(영문) 서울중앙지방법원 2014.12.24 2013가합47106
하자보수에 갈음하는 손해배상 등
Text

1. Of the instant lawsuit, the part of the claim against the Defendant Co., Ltd. is dismissed.

2. The Plaintiff:

A. Defendant.

Reasons

1. Basic facts

A. The plaintiff is a party to the dispute. The plaintiff is a A Apartment with 65 Dong-dong 563 households located in the Songpa-gu Seoul Metropolitan Government J and 7 lots (hereinafter "the apartment of this case").

(2) In order to manage the apartment of this case, Defendant B apartment reconstruction association (hereinafter “Defendant B apartment reconstruction association”) is a project proprietor who constructed and sold the apartment of this case, and the construction of the apartment of this case is a new apartment of this case is a joint co-contractor who newly constructed the apartment of this case by receiving a contract for the construction of the apartment of this case from the Defendant reconstruction association (hereinafter “Defendant Samsung Construction”), Defendant Daelim Industry Co., Ltd. (hereinafter “Defendant Samsung C&T”), Defendant Samsung Heavy Industries Co., Ltd. (hereinafter “Defendant Samsung Heavy Industries”), Defendant Samsung Heavy Co., Ltd., Ltd. (hereinafter “Defendant Samsung Co., Ltd., Ltd. before and after the alteration; hereinafter “the alteration”).

3) Defendant Construction Mutual Aid Association (hereinafter “Defendant Seoul Guarantee Insurance”) shall be the Defendant Daewoo Construction and the Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Seoul Guarantee Insurance”).

(1) The Defendant Grand Forest Industry, and the Defendant Housing Guarantee Co., Ltd. (hereinafter “Defendant Housing Guarantee”).

(B) The company that guaranteed the respective repair obligation on the apartment of this case by Defendant Samsung C&T, and C&T. The Defendant reconstruction association that commenced the construction of the apartment of this case obtained the approval of the project plan on the construction of the apartment of this case from the competent authority around March 2003, and around October 2004, after obtaining the approval of the project plan on the construction of the apartment of this case from the competent authority, and thereby, guarantees the respective repair obligation on the apartment of this case (hereinafter “Defendant C&T”).

B) As to the contract with Defendant C&D, the instant apartment construction contract was entered into with Defendant C&D (hereinafter referred to as the “instant contract”).

(C) Around April 2005, Defendant Construction Co., Ltd. commenced the new construction of the instant apartment. (c) Defendant Construction Co., Ltd. (hereinafter “Defendant Construction Co., Ltd.”) on July 2008.

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