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(영문) 서울중앙지방법원 2019.08.22 2018가합540266
손해배상(건)
Text

1. The Plaintiff:

A. Defendant C Co., Ltd. shall be annually from June 15, 2018 to March 28, 2019, as well as KRW 904,041,247.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a building A with the third underground and fourth above ground in Suwon-si, Suwon-si E (hereinafter “instant building”).

) In order to manage a total of 113 households (99 households and 14 households in neighboring living facilities), the Act on Ownership and Management of Condominium Buildings (hereinafter “Act on Ownership and Management of Condominium Buildings”) (hereinafter “Act on Ownership and Management of Condominium Buildings”).

(2) Defendant C Co., Ltd. (hereinafter “Defendant C”) is a project proprietor who newly built and sold the instant building, and Defendant D Co., Ltd. (hereinafter “Defendant D”) is a contractor who entered into a contract with Defendant C to build the instant building.

3) Defendant B’s Financial Cooperative guaranteed the obligation to repair defects for Defendant D, who is the constructor of the instant building. (b) The Defendant B’s Financial Cooperative concluded a warranty contract for the construction of the instant building from October 24, 2016 to October 23, 2017 (1 year) 234,597,084 from October 24, 2016 to October 23, 2016; and (2) Defendant B’s 170,020,8183 from October 23, 2018 to October 24, 2016 to guarantee the duty to repair defects; and (3) Defendant B’s 20,020,8183 from October 24 to October 23, 2016 to October 24, 2019; and (4) Defendant B’s 25,016.6.1 to June 16, 2015 (2) respectively.

2) On October 24, 2016, the instant building had undergone a pre-use inspection, and thereafter, the Plaintiff, an autonomous body of the instant building, constituted the Plaintiff, the guarantee creditor of the instant guarantee agreement, was changed to the Plaintiff. C. The instant building did not construct the parts to be constructed in accordance with the design drawings or did not construct the said parts, when constructing the instant building.

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