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(영문) 서울중앙지방법원 2015.06.05 2013가합521154

하자보수보증금 및 손해배상

Text

1. The Plaintiff:

A. As for Defendant Daewoo Construction Co., Ltd, KRW 684,037,446 and its amount shall be from January 9, 2015 to June 5, 2015.

Reasons

1. Basic facts

A. The status of the parties is the autonomous management body organized by the occupants in order to manage A Apartment 10 households, 800 households, and ancillary facilities (hereinafter “the apartment of this case”) located in Gangdong-gu Seoul Metropolitan Government, and the non-party road reconstruction and improvement project association for the apartment of this case (hereinafter “non-party road reconstruction and improvement project association”) is the implementer who constructed and sold the apartment of this case, and the defendant treatment construction is the company that executed the new construction of the apartment of this case by being awarded a contract from the non-party association.

B. From March 5, 2010 to March 14, 2011, the guarantee period of each of the instant guarantee contracts was 67,380,762 on March 5, 2010 to March 14, 2011, to March 5, 201, to March 14, 2012, to March 5, 2012, to March 14, 2012, to March 14, 2011, to March 14, 2001, to March 5, 2010 to March 14, 2071, to March 5, 2013 to March 5, 2011, to be issued with each of the instant construction mutual aid associations on March 5, 2015 to May 3, 205, respectively, and to be issued with each of the instant construction mutual aid associations on May 25, 2015 (hereinafter collectively referred to as the “Defendant Construction Mutual Aid Association”).

Since then, the guarantee creditor of each guarantee contract of this case was changed to the plaintiff.

C. The instant apartment was inspected on March 12, 2010, and the instant apartment was inspected on the use of the apartment on the part of March 12, 2010. The Defendant Daewoo Construction failed to construct the part to be built according to the design drawing regarding the instant apartment, or modified the design drawing differently from the defective construction or design drawing. 2) Accordingly, from June 2010, the Plaintiff continuously requested the repair of the defects to the Defendant Daewoo Construction at the request of the occupants and sectional owners of the instant apartment from June 2010, and even if the Defendant Ku treatment Construction performed the repair work on some defects, there still remains any defects such as the specification of the repair cost in the attached Table 1 list, and to repair the instant apartment.