beta
(영문) 부산지방법원동부지원 2019.05.01 2016가합101241

하자보수보증금 등

Text

1. As to the Plaintiff’s KRW 236,272,386, and KRW 101,00,000 among them, Defendant C Union shall be from December 4, 2015 to KRW 100,00.

Reasons

1. Facts of recognition;

A. The plaintiff is a party to the dispute. The plaintiff is an apartment complex A in Busan Shipping Daegu (hereinafter referred to as "the apartment of this case").

(2) Defendant B Co., Ltd. (hereinafter “Defendant B”) is an organization composed of sectional owners of the instant apartment in order to manage two households and ancillary facilities. (2) Defendant B Co., Ltd. (hereinafter “Defendant B”) is the starting construction of the instant apartment.

3) Defendant C Union guaranteed the obligation to repair defects after the inspection on the use of the instant apartment in Defendant B’s instant apartment. B. The instant apartment in question was inspected on January 19, 201. C. On January 5, 2011, the Defendant C Union, which entered into a contract for the repair of defects, had a guarantee creditor as to the instant apartment in question with Defendant B, and changed the guaranty creditor to the Plaintiff.

) The principal obligor as Defendant B entered into a defect liability contract as indicated below and issued a defect liability bond (hereinafter “instant defect liability bond contract”).

(1) Around January 20, 201, G Housing Redevelopment Improvement Project (Seoul Housing Redevelopment Project) whose guarantee period is fixed 1 G, 201 to January 19, 2012, 182, 694,0482 G Housing Redevelopment Improvement Project (Site Creation Project, etc.) from January 20, 201 to January 19, 2013, 2011, to January 182, 694,0483 G Housing Redevelopment Improvement Project (Designation and Basis, etc.) from January 20, 2011 to January 19, 2014, 204, 041, 0724 G Housing Redevelopment Improvement Project (Bond, floor, roof), 201 to 305, 2015 to 137, 2015 to 194, 2015 to 136, 2015 to 25, 2013

D. (1) In the construction of the instant apartment, Defendant B did not construct the original part that should have been built in accordance with the design drawing while constructing the instant apartment, or constructed the instant apartment by changing the same differently from the defective construction or design drawing. As a result, there was a functional, safety, and aesthetic defect in the section for common use and section for exclusive use of the instant apartment. (2) The Plaintiff’s apartment.