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(영문) 수원지방법원성남지원 2020.11.12 2017가합407622
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) KRW 225,741,520; and (b) from November 10, 2017 to November 12, 2020.

Reasons

1. Basic facts

A. The plaintiff is a party 1) The plaintiff is an E apartment located in Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-do (hereinafter "the apartment of this case").

(2) Defendant B is a project implementer who sold the instant apartment and a new apartment construction corporation (hereinafter “instant construction”). Defendant B is a company that guaranteed Defendant B’s obligation to repair the defects of the instant apartment. Defendant B is a company that guaranteed Defendant B’s obligation to repair the defects of the instant apartment, and the Defendant’s Intervenor is a company that built an elevator in the instant apartment.

B. On November 14, 2011, Defendant B entered into each of the following warranty contracts (hereinafter “instant warranty contract”) with the Defendant Corporation: (a) 108,921,198 and 2 years from the date of the F-use inspection from the date of the F-use inspection; (b) 163,381,798; (c) 81,690,898 from the date of the date of the 4th inspection; and (d) 81,690,8981 from the date of the pre-use inspection; and (e) 81,690,8981 from the date of the pre-use inspection; (e) 108,921,198 from the date of the F-use inspection; and (e) 3 years from the date of the date of the instant pre-use inspection;

(2) In concluding the instant apartment contract, the status of the secured creditor of the instant contract was automatically succeeded to the Plaintiff as a result of the composition of the council of occupants’ representatives of the instant apartment. (2) Of the terms and conditions of the instant contract for the repair of defects, which are the contents of the instant contract for the repair of defects, the contents relating to the instant case are

Article 1 (Definitions of Terms)

3. The term “principal debtor” means the principal debtor as stated in the letter of guarantee as the project undertaker or executor;

3. The term "guarantee Creditor" means the authority for usage inspection or the council of occupants' representatives stated in the letter of guarantee.

4. The term “defect” means any defect according to the “the classification of the facility subject to repair of defects and the scope of the defect and the period of defect liability” in the attached Tables 6 and 7 of the Enforcement Decree of the Housing Act.

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