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(영문) 서울중앙지방법원 2018.05.17 2015가합533823
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) KRW 1,046,366,892; and (b) from May 30, 2015 to May 17, 2018.

Reasons

1. Basic facts

A. 1) The Plaintiff is a party to the dispute. The Plaintiff is an apartment building A, 8 apartment units, 570 households, and ancillary facilities (hereinafter “instant apartment”) in Gunsan-si.

(2) Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company that constructed and sold the instant apartment.

The defendant Housing and Urban Guarantee Corporation (hereinafter referred to as the "Defendant Guarantee Corporation") is the Guarantee Corporation that guarantees the performance of the obligation to repair defects in relation to the apartment of this case as follows:

B. (1) On March 16, 201, Defendant B entered into a contract to guarantee the obligation to repair defects of the instant apartment complex between Defendant B and Defendant Guarantee Corporation (hereinafter “each guarantee contract of this case”) as follows:

A) A contract was concluded, each of which was issued by the Defendant Guarantee Corporation and deposited to the Gun Mayor, which was subject to the authority for the inspection of the defect repair. Each of the above defect repair contracts stated, “The guarantee creditor shall not be liable for any defect that occurred prior to the period of the guarantee, and the council of occupants’ representatives shall be deemed to be changed to the same council of occupants’ representatives when organizing the council of occupants’ representatives under Article 60(2) of the Enforcement Decree of the Housing Act.” [the table] From March 25, 2011 to March 193, 24, 148, 848 2D 2.3, 2011 to March 25, 2012, Plaintiff 201 to March 25, 2013 to March 24, 2011, Plaintiff 201 to March 25, 2013 to March 24, 2013; and Plaintiff 36.5.24, 2015-75.

C. The defect occurrence and defect repair cost of the apartment of this case.

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