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(영문) 대전지방법원 천안지원 2018.11.23 2016가합102057
손해배상(기)등
Text

1. The Plaintiff:

A. As regards Defendant B Co., Ltd., the amount of KRW 813,642,061 and KRW 700,000 among them, from August 17, 2016.

Reasons

1. Basic facts

A. The relationship between the parties 1) The Plaintiff is Boh-si A Apartment (hereinafter “instant apartment”).

(2) Defendant B Co., Ltd. (hereinafter “Defendant B”) is a project proprietor who constructed and sold the instant apartment in order to manage a total of 6 households, 457 households.

3) Defendant C Co., Ltd. (hereinafter “Defendant C”)

(4) The following are the Defendant Housing and Urban Guarantee Corporation (Seoul Housing and Urban Fund Act, Act No. 12989, Jan. 6, 2015; hereinafter “Defendant Corporation”) that entered into a contract with Defendant B for the new construction of the instant apartment. (4) The name was changed pursuant to Article 4 of the Addenda of the Housing and Urban Fund Act (Act No. 12989, Jan. 6, 2015).

As seen in the Claim, as regards the instant apartment, the Defendant B and the guaranty creditor are indicated in the “guarantee Creditor” column of each of the Plaintiff’s respective warranty bonds (the evidence No. 2-6) as the “Saol Market (where a council of occupants’ representatives (including a management body; hereinafter the same shall apply) is organized pursuant to Article 5 of the Guarantee Terms and Conditions, the guaranty creditor is changed to the council of occupants’ representatives, and the council of occupants’ representatives is deemed to be changed to the council of occupants’ representatives). As such, since there was an approval for use of the instant apartment after the issuance of each of the warranty bonds, and the facts

(hereinafter the same shall apply)

A person who has issued each warranty bond.

B. On August 23, 2013, Defendant B, who issued each of the warranty bonds, did not perform the defect repair without any justifiable reason when the Defendant B failed to perform the defect repair as to the defects that occurred during the defect repair liability period for each of the instant apartment units, as set forth in the attached Tables 6 and 7 of the Enforcement Decree of the Housing Act.

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