손해배상(기)등
Of the instant lawsuit, the part of the Plaintiff’s conjunctive claim against Defendant C Co., Ltd and Defendant DD Mutual Aid Association.
Basic Facts
The status of the parties is an organization comprised of sectional owners in order to manage two units and ancillary facilities of Seongdong-gu Seoul Metropolitan Government building A, 214, and 214 (hereinafter “instant condominium building”).
Defendant B is a business entity that newly built and sold the instant aggregate building, and Defendant C is a construction contractor that constructed the instant aggregate building under a contract with Defendant B for construction of the instant aggregate building.
The defendant D's Financial Cooperative is a guarantee company that has entered into a warranty contract for defective repair of the aggregate building in this case with defendant C.
From May 2012, Defendant B entered into a sales contract with both parties of the instant aggregate building from around May 2012, and obtained approval for the use of the instant aggregate building on July 18, 2014.
On September 16, 2014, Defendant C entered into a defect repair guarantee contract (hereinafter “the instant guarantee contract”) with Defendant B, the insured amount of insurance money, the guarantee period of which is KRW 114,609,00, and the warranty period from July 18, 2014 to July 17, 2016, and issued a defect repair guarantee contract (hereinafter “the instant guarantee contract”).
In the construction of a new aggregate building of this case, the defects occurred in the common areas and exclusive areas of the instant aggregate building due to the failure to construct the part to be constructed, the defective construction, or the alteration of the part to be constructed differently from the drawings of the use, and thereby, the defects occurred in the common areas of the instant aggregate building and the exclusive areas of the instant building.
Accordingly, from August 2014, the Plaintiff requested Defendant C to repair defects, and Defendant C paid for some defects.
However, in the instant aggregate building, it is still the same as the sum table of repair costs by the list of defects in attached Form 1 and the sum table of repair costs by the list of defects in attached Form 2.