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(영문) 서울중앙지방법원 2019.05.24 2017가합567547
손해배상
Text

1. The Defendant’s KRW 366,387,609 among the Plaintiff and KRW 356,464,244 among the Plaintiff, shall be KRW 9,923,365 from November 2, 2017.

Reasons

1. Basic facts

A. The Plaintiff (Korea National Housing Corporation and Korea Land Corporation on October 1, 2009) was merged and established by the Plaintiff (1).

The following is referred to only as “Plaintiff,” regardless of whether before or after the merger.

2) The apartment house in Seongbuk-gu Seoul Metropolitan City (hereinafter “instant apartment house”) is called the apartment house in this case.

(2) A corporation (hereinafter referred to as “C”) is a corporation that has newly built and sold six households, 396.2) A corporation (hereinafter referred to as “instant construction”) is a contractor that received a contract from the Plaintiff for construction, machinery, and civil engineering (hereinafter “construction, machinery, and civil engineering”) among the instant new construction works for apartment buildings (hereinafter “instant construction”). The Defendant is a corporation that guaranteed C’s duty to repair defects in the instant apartment.

B. On November 22, 2006, the Plaintiff entered into the instant contract for construction works (hereinafter “instant contract”) with C, which set the contract amount of KRW 35,544,565,00 with respect to the instant construction works, machinery, and civil engineering works (hereinafter “instant contract”).

C. 1) The Defendant concluding the instant contract for the repair of defects under the instant contract around November 12, 2009 (hereinafter “instant contract for the repair of defects”) between C and C, as well as between C, around November 12, 2009.

A) A contract was concluded, and each written warranty of defect liability as indicated below was issued and delivered to the Plaintiff. Serial Nos. 1 D 1D on August 28, 2009 to August 27, 2019: The amount guaranteed (unit: 205,784,437 E on October 2, 2009 to October 1, 2019: columns, bearing walls, 3,502,789 3F on August 28, 2018 to August 27, 2014, 208. 208. 8. 1: Boh, floor, roof, 107, 014 G G 2014 to October 1, 2014;

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