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(영문) 광주고등법원 (전주) 2018.05.31 2017나10232

하자보수보증금 등

Text

1.The judgment of the first instance shall be modified as follows:

The Plaintiff, Defendant Boh Construction Co., Ltd., 562,109.

Reasons

1. Basic facts

A. 1) The Plaintiff’s position, etc. as the parties, etc. 1) The apartment of the case is the apartment of the case where the Plaintiff, a total of 592 apartment units of the 15th floor in the 9 Dong-dong, 101 to 109 Dong-dong (101 to 109 Dong

In order to manage the apartment complex, the autonomous management organization consisting of its occupants is the defendant company. 2) The defendant company is the executor who has acquired the execution right of the apartment complex of this case from the Don comprehensive construction company and newly constructed and sold the apartment complex of this case.

The Defendant Company (at the time, the integrated construction company was the integrated construction company, but the trade name was changed to the comprehensive construction company, and then the new construction of the instant apartment was changed to the current trade name. hereinafter “the construction industry”) was designated as the construction work of the instant apartment as the construction work of the instant apartment and contracted the construction work of the instant apartment in the construction industry.

3) The Defendant Union is a corporation established pursuant to the Framework Act on the Construction Industry to provide a guarantee necessary for its members to run a construction business. (B) The Defendant Union concluded a contract for the warranty of defects that the Defendant Union bears the responsibility for the guarantee of the Defendant Union in the event of defects as prescribed by the Housing Act and the Enforcement Decree of the Housing Act on August 20, 2007 and the instant apartment in the instant case.

The guarantee period, guarantee amount, etc. of a contract concluded shall be as follows:

(1) The term “the instant guarantee contract” refers to the period of guarantee 1 C, 1 C, 207, 298,038,753, August 19, 2017 from August 20 to August 20, 2007, 298,038,753, and 298,038,753, from August 20, 2007 to August 5, 19, 2012, the columns of the instant apartment construction works, bearing walls 2D 2D 298,753, and the floor, 3 E, 3, from August 20 to August 19, 207, 200 to August 3, 2007, 4F 208, 308, 207, 207, 508, 507, 507, etc. of the instant guarantee contract.”