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(영문) 서울남부지방법원 2015.06.19 2013가합103576
손해배상(기)
Text

1. The Plaintiff:

A. On October 4, 2013, Defendant Uw invested Enterprise Co., Ltd.: KRW 181,621,640 and KRW 101,00,000 among them.

Reasons

1. Basic facts

A. Status 1 of the parties concerned) The plaintiff is the Guri-si A apartment (2 Dong 85 households, hereinafter "the apartment of this case").

(2) In order to manage the apartment of this case, the Defendant Jind Company is an autonomous management body organized by its occupants. (2) The Defendant Jind Company is a new construction work of the apartment of this case under contract with B Housing Association (hereinafter “instant Housing Association”) that newly built and sold the apartment of this case. The Defendant Jind Company guaranteed the Defendant Jind Company’s duty to repair the defects of the apartment of this case.

B. 1) On May 13, 2009, the Defendant-based enterprise entered into a contract for the repair of defects (hereinafter “each contract for the repair of defects”) as indicated in each contract for the repair of defects (hereinafter “each contract for the repair of defects in this case”) by setting the guarantee creditor as the old market for the apartment of this case between the Defendant-based housing guarantee and the old market.

Article 1 subparag. 5 of the Housing Act provides that the guarantee creditor shall be deemed to have changed to the council of occupants’ representatives in the old market when the guarantee creditor fails to perform the defect repair without justifiable grounds, notwithstanding the guarantee creditor’s claim for the defect repair of each type of work, as to the defect that occurred in the construction of the facility subject to defect repair as prescribed in the attached Tables 6 and 7 of the Enforcement Decree of the Housing Act. Article 3 provides that the guarantee creditor shall be liable for the performance of the defect repair or for the payment of the cost of the defect repair when the guarantee accident occurred. Article 5 provides that the guarantee creditor shall be deemed to have changed to the council of occupants’ representatives in the old market if the council of occupants’ representatives of the apartment of this case is constituted. Serial Nos. 1 C57,094,854.

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