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(영문) 서울중앙지방법원 2020.09.09 2017가합583853
하자보수금 등 청구의 소
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) KRW 1,408,556,746 and its amount from December 2, 2017 to December 14, 2017.

Reasons

1. Basic facts

A. The plaintiff is the party to the case. The plaintiff is the plaintiff's apartment Am (14 Dong-dong 14,100 households, hereinafter "the apartment of this case").

(2) Defendant B is a business entity that constructed and sold the instant apartment and a contractor that constructed the instant apartment, and Defendant C issued a surety security to guarantee the repair of the instant apartment and the compensation for damages in lieu of the repair of defects for Defendant B.

B. On November 18, 2015, Defendant C entered into each of the instant warranty contracts (hereinafter “the instant warranty contract”) with Defendant B, setting the principal debtor as Defendant B and the guaranty creditor as the South-North city with respect to the instant apartment on November 18, 2015, as indicated below.

(A) Each contract for the repair of defects was concluded and each written statement of the warranty was issued. [Attachment 1] The term "the warranty period of the contract for the repair of defects is from December 9, 2015 to December 8, 2016, 457,262,300 to December 9, 2015 to December 8, 2017, 143,15,740 to December 9, 2017, or the management body of occupants' representatives' representatives' representatives' representatives' representatives' representatives' representatives' representatives' representatives' representatives' representatives' representatives' representatives' representatives' representatives' representatives' representatives' representatives' representatives' representatives' representatives' representatives' representatives' rights were indicated as the term "the rights of the insured to the warranty period of the warranty period of the contract for the repair of defects" or the insured's representatives' representatives' representatives' representatives' representatives' representatives' representatives' representatives' representatives' rights were automatically issued on December 9, 2018 to December 68, 2019.

After that, the Plaintiff, which is the council of occupants' representatives of the apartment of this case, was constituted and succeeded to the right of the guarantee creditor of this case.

3) From October 18, 2013, the instant apartment was sold in lots, and around that time, after undergoing a pre-use inspection on December 4, 2015, the apartment was delivered to occupants. C. Defendant B did not construct the instant apartment and constructed the instant apartment, or did not construct the construction in accordance with the design drawings.

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