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(영문) 서울중앙지방법원 2018.12.05 2017가합536451

양수금

Text

1. The Plaintiff:

A. As regards Defendant B Co., Ltd, the amount of KRW 320,019,97 and KRW 201,00,000 among them, the amount of KRW 320,01 shall be from June 13, 2017.

Reasons

1. Basic facts

A. 1) The Plaintiff is the party to the dispute. The Plaintiff is the 73 household unit in Jeju-si and its ancillary facilities (hereinafter “instant apartment”).

(2) The Defendant B Co., Ltd. (hereinafter “Defendant B”) is a contractor and seller who newly built and sold the instant apartment, for the efficient management and operation of the apartment, and the Defendant Construction Mutual Aid Association (hereinafter “Defendant Mutual Aid Association”) is a guarantor who entered into a warranty contract with Defendant B regarding the instant apartment.

B. 1) The Defendant Union concluded a warranty contract with Defendant B, and each of the warranty contracts under which the Defendant Union bears the responsibility to guarantee each type of work for the defects after the pre-use inspection regarding the instant apartment after the instant apartment was conducted by the Defendant Union (hereinafter “instant warranty contract”). The entire each of the warranty contracts is “each of the warranty contracts of this case”.

Around October 19, 2012, each of the instant warranty bonds as indicated in the table below was issued to the Jeju Mayor, which is the authority for the inspection of the use of the instant apartment. The number of guaranty bonds Nos. 1 C22,842,270 - October 19, 2012 2D 57,105,675 - October 19, 2012 3 E45,684,540, 540 - October 19, 2018 (two years) and the total of the instant warranty bonds No. 2403, Oct. 18, 2015 (three years) were occupied on October 18, 2015 (three years), and the Mayor of G234,236,445, Oct. 18, 2015; 19, 2015; 10.6.43, Oct. 19, 2016>

C. 1) The apartment of this case is due to the failure to construct the part to be constructed in accordance with the design drawing (the completion drawing), the defective construction, or the alteration of the construction differently from the design drawing.