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(영문) 서울중앙지방법원 2016.08.19 2014가합61598
하자보수에 갈음하는 손해배상 등
Text

1. Of the Plaintiff’s lawsuit against Defendant GaS Construction Co., Ltd., the payment order is given in the following Section 2(a).

Reasons

1. Circumstances leading to the dispute of this case;

A. The Plaintiff is an autonomous and management organization organized by the occupants in order to manage A apartment 6, Dong 418 households (hereinafter “instant apartment”) located in the Seo-gu Incheon Metropolitan City, Seo-gu, and seven parcels.

Defendant B is a person who constructed and sold the instant apartment with the trade name of “D,” and Defendant Branch Es. Construction Co., Ltd. (hereinafter “Defendant Branch Es. Construction”) is a construction work of the instant apartment that was executed under a contract with Defendant B for the construction work of the instant apartment as set forth in the following B.

The defendant Housing and Urban Guarantee Corporation is a guarantor who has entered into a warranty contract for the defects of the apartment of this case with defendant Ss. Construction as follows.

B. The construction of the instant apartment was contracted by Defendant B to complete the said construction work, such as the conclusion of the contract for work.

Defendant B obtained approval for the use of the apartment in this case from the head of Seo-gu Incheon Metropolitan City on December 28, 2010.

C. On December 3, 2010, the Defendant Housing and Urban Guarantee Corporation, which entered into a warranty contract, concluded a warranty creditor agreement with the head of Seo-gu Incheon Metropolitan City (hereinafter “instant warranty contract”) on the repair of defects arising from the instant apartment within the warranty period, and issued a warranty bond as follows:

After that, as the Plaintiff, which is an autonomous management body of the instant apartment, was constituted, the guarantee creditor of the instant guarantee agreement, from December 25, 2010 to December 24, 2011, 284,737,0612 to December 24, 2012, 711,842,653 333,201 to December 24, 2012, 569,474, 124 to December 24, 2014 to December 25, 2015, Plaintiff 205 to 569,474, 124 to December 25, 2015; and Plaintiff 427,510 to December 24, 2014;

The contract of this case.

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