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(영문) 서울중앙지방법원 2017.04.06 2016가합535505
손해배상(기)
Text

1. The Plaintiff:

A. Defendant Hyundai Elevator Incorporated Co., Ltd.: KRW 4,586,261 and its amount from July 13, 2016 to July 2017.

Reasons

1. Basic facts

A. The Korea National Housing Corporation (the plaintiff, in total, was merged with the Korea Land Corporation on October 1, 2009 and became the plaintiff; hereinafter the same shall apply) is a project proprietor who constructed and sold an apartment complex of 1563 Ansan-dong, Seosan-si, Nowon-gu, Seoul Special Metropolitan City (hereinafter “the apartment of this case”).

B. On September 10, 2009, the Plaintiff entered into a contract and a warranty insurance contract (hereinafter “instant contract”) with Defendant Hyundai Elevator Co., Ltd. (hereinafter “Defendant Hyundai Elevators Co., Ltd.”). On September 10, 2009, the Defendant Hyundai Elevators Co., Ltd. (hereinafter “Defendant Seoul Guarantee Insurance”) entered into a warranty insurance contract under which the Plaintiff is the insured and the Defendant Hyundai Elevators Co., Ltd. (hereinafter “Defendant Seoul Guarantee Insurance”) to guarantee the repair obligation of Defendant Hyundai Elevators under the said contract (hereinafter “instant warranty insurance contract”).

The main contents of the Guarantee Insurance Contract are as follows.

Insurance policyholder: The insurance period of Hyundai Elevator Co., Ltd.: From September 12, 2009 to October 31, 2012: The content of the warranty under the construction contract (ordinary terms and conditions) and the content of the warranty: Korean Co., Ltd. Article 1 (Compensation for Loss) of the warranty bond under the construction contract (general terms and conditions) is the debtor company, which fails to perform the warranty contract or the sales contract and fails to comply with the contract entered in the insurance policy (hereinafter referred to as the "main contract") even though the policyholder received a final inspection or examination of the completion of the contract or the sales contract and received a request for the repair or supplement of the defects arising within the warranty liability period, thereby making it difficult for

C. The instant apartment was inspected on November 24, 2009 and was occupied by the buyer, etc. around that time after having undergone a pre-use inspection.

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