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(영문) 서울중앙지방법원 2016.05.11 2015가합543622

하자보수보증금 등

Text

1. The Plaintiff:

A. Defendant Seoul Guarantee Insurance Co., Ltd.: KRW 306,773,649 and its related amount from July 18, 2015 to July 2016.

Reasons

1. Basic facts

A. The Plaintiff is a person who constructed and sold a 10-dong 643 apartment complex (lease 395 households, parcelling-out 248 households, hereinafter “instant apartment”) located in Gangseo-gu Seoul Metropolitan City, Gangseo-gu 17-ro 71, Gangseo-gu.

B. The conclusion of the contract and the completion of the new construction of the apartment in this case 1) Construction Co., Ltd. (the trade name after the alteration: T&C Construction Co., Ltd.; hereinafter “T&C Construction”)

) Dong Construction Co., Ltd. (hereinafter referred to as “Dong Construction”)

(2) The Defendant Bo Young General Construction Co., Ltd. (hereinafter referred to as the “Seoul General Construction”) concluded a joint contract for the instant apartment construction works from the Plaintiff, and the Defendant Bo Young General Construction Co., Ltd. (hereinafter referred to as the “Seoul”) completed the instant apartment construction works by being awarded a contract for electrical construction among the instant apartment construction works.

3) With respect to the instant apartment, the Plaintiff obtained approval for the use on September 16, 2008. (c) From October 1, 2008 to September 30, 2009, the Plaintiff concluded an insurance policy for the term of the defect repair contract (the term of the insurance contract) between October 1, 2008 and September 30, 2009 to 147,513,590 until September 1, 2008 to September 30, 2010; and (d) from October 1, 2008 to October 1, 2008 to September 30, 201 to September 30, 207,674,964 to April 1, 2008; and (e) from October 1, 2008 to September 30, 2015 to June 1, 208, 2005 to June 16, 2015

2) On October 16, 2008, Defendant Construction Mutual Aid Association concluded a contract for the repair of defects with the following insurance coverage period from October 1, 2008 to September 30, 2309,513,590 until September 1, 2008 to September 30, 201, respectively, from October 1, 2008 to September 30, 201, 27,674,963, 963, to September 1, 2008 to September 30, 201, from October 1, 2008 to September 30, 201 to 27,674,9634, from October 1, 2008 to September 30, 201, from October 1, 2008 to September 1, 205, 208 to September 30, 2015 to 305.