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(영문) 광주지방법원 2019.01.31 2017가합50800
손해배상(기)
Text

1. The Plaintiff:

A. Defendant Limited Partnership Company B and C are jointly and severally liable for 2,277,701,556 won and 201,000,000 won among them.

Reasons

1. Basic facts

A. The status of the parties is a self-governing organization comprised of the entire 1,842 occupants of the apartment complex A (hereinafter “the apartment of this case”) in Suncheon-si.

Defendant Limited Partnership Company B and C (hereinafter “Defendant Execution Company”) are the executor who sold the instant apartment in lots, and Defendant D Co., Ltd and E Co., Ltd (hereinafter “Defendant Execution Company”) directly constructed the instant apartment.

Meanwhile, the Defendant Housing and Urban Guarantee Corporation (hereinafter “Defendant Guarantee Corporation”) guaranteed the obligation to repair defects after the inspection on the use of the instant apartment in the Defendant Limited Partnership Company B.

B. On June 5, 2015, the Defendant Company entered into each of the instant warranty contracts (hereinafter “each of the instant warranty contracts”) with the Defendant Guarantee Company as indicated below.

The guaranteed amount of the debt guaranteed from June 26, 2015 to June 25, 2016, June 25, 2016: (a) from June 26, 2015 to June 25, 2015 to June 26, 2015; (b) from June 25, 2017 to June 25, 2017 to June 25, 2017; (c) from June 26, 2015 to June 26, 2015; (d) from June 25, 2018 to June 26, 2018; and (e) from June 26, 2015 to June 25, 2019; (e) 7, 205 to June 26, 2015; (e) 702, May 26, 2015 to June 26, 2015;

C. On June 26, 2015, the Defendant Execution Company, who had the usage inspection and defects of the instant apartment, was subject to a pre-use inspection on the instant apartment, and delivered each of the instant apartment units to the sectional owners around that time. As the Plaintiff, which was an autonomous management body of the instant apartment, constituted the Plaintiff, the guaranty creditor of each of the instant guarantee contracts,

On the other hand, as the defects occurred in the apartment of this case, the plaintiff requested the defendants to repair the defects, and the defendants repair some of the defects, but still, the apartment of this case is "the defect list" in the attached section 1 and the attached section 2.

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