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(영문) 서울중앙지방법원 2018.01.11 2016가합10907
하자보수금 등
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 192,134,377 as well as its annual interest from June 25, 2016 to January 11, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a party to the dispute. The Plaintiff is an apartment building A located in Sacheon-si E (15 Dong Dong 998, hereinafter “the instant apartment building”).

(2) In order to manage the apartment of this case, Defendant B Co., Ltd. (hereinafter “B”) was an autonomous management body composed of its occupants. (2) Accomon January 19, 2006, Defendant B Co., Ltd. (hereinafter “B”) merged F Co., Ltd. (F, a seller of the apartment of this case, with the merger around January 19, 2006, and succeeded to its legal status (hereinafter “Defendant B”) and D, a subsidiary participant, Co., Ltd., Ltd., a subsidiary participant of the Defendant C Co., Ltd. (hereinafter “participating”) was a company that constructed the apartment of this case upon receiving a contract from the Defendant B, and the Defendant C Co., Ltd (hereinafter “C”) (hereinafter “C”)

It is a guarantee company that concludes a warranty contract for the apartment of this case and issues a warranty bond.

B. On May 24, 2006, the intervenor entered into a contract for the repair of defects and approval for use of the defect liability (i.e., the contract for the repair of defects) with Defendant C to enter into a contract for the repair of defects with the guarantee creditor as to the apartment of the instant apartment as the private market (hereinafter “instant contract for the repair of defects”).

(2) The Defendant C was issued a warranty bond of defect liability. The warranty bond of the security number G of July 1, 2006 from July 1, 2006 to June 30, 2016, the column, bearing wall 343,023,4082) of the warranty clause of the instant warranty contract is as follows.

Article 1 (Compensation for Loss) The defendant C has received completion inspection or examination of the contract or sales contract from the debtor, and has received a claim for repair or supplementation of the defects which occurred within the warranty period, but failed to comply with the contract entered into in the insurance policy, and the matters entered in this insurance policy and the terms and conditions thereof.

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