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(영문) 서울중앙지방법원 2015.06.05 2014가합507735
손해배상(기)
Text

1. The plaintiff's lawsuit against A against the defendant rehabilitation debtor, a new rehabilitation company, and the administrator of a new construction business shall be dismissed;

2. The plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into the instant contract 1) 10, Dong-dong 730 apartment buildings, Dong-dong 1644, Dong-dong, Nowon-si, Seoul Special Metropolitan City (hereinafter “instant apartment buildings”).

(2) On November 28, 1998, the Plaintiff was a business entity that constructed and sold new factories (hereinafter “Defendant East Construction”). On November 28, 1998, the Plaintiff was appointed as a manager upon commencement of rehabilitation procedures by Seoul Central District Court 2012 Gohap220, and obtained a rehabilitation plan approval from the above court on March 19, 2013; hereinafter “Defendant New Construction”) and Dongbu Construction Co., Ltd. (hereinafter “Defendant New Construction Co., Ltd., Ltd., regardless of whether before or after rehabilitation was conducted, the rehabilitation procedure was commenced on January 7, 2015 with the Seoul Central District Court 2014hap10212, and the Plaintiff appointed as a manager took over the lawsuit of this case; hereinafter “Defendant New Construction Co., Ltd., Ltd., regardless of whether before or after rehabilitation was commenced; hereinafter “Defendant New Construction Co., Ltd., Ltd.”, the ratio of investment by Defendant New Construction Co., Ltd., Ltd. (hereinafter “Defendant New Construction”) was 3050% and 1990%.

3) The terms and conditions of the instant contract and the general terms and conditions that form the contents of the said contract, and the parts related to the defect repair obligation among the special conditions are as follows: Ten-year floor, beams, roof, main stairs: 5-year machinery and civil engineering: 2-year other terms and conditions of the contract under Article 11(1) of the Rules on the Management of Multi-Family Housing shall apply in accordance with Article 36 (Special Liability Plaintiff is found in the course of inspection under Articles 27 and 35, if deemed necessary in accordance with the characteristics of the relevant construction and the relevant Acts and subordinate statutes, notwithstanding the issuance of the defect repair completion certificate under Article 35(2).

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