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(영문) 서울중앙지방법원 2014.11.14 2012가합95771

하자보수보증금 등

Text

1. The plaintiff

A. As for Defendant Yellow Construction Co., Ltd, the amount of KRW 3,000,119,943 and KRW 101,00,000 among them shall be determined. < Amended by Act No. 11308, Dec. 2, 2012

Reasons

1. Circumstances leading to the dispute of this case;

A. The Plaintiff is the council of occupants' representatives comprised of the representatives elected by the occupants in order to manage the 1,097 household units of the Sejong-gu Seonam-ro 10 (Seongdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong 10 (hereinafter "the apartment units of this case").

Defendant Yellow Construction is a company that sold the apartment of this case, and Defendant 3 is a company that executed the construction of the apartment of this case by being awarded a contract for the construction of the apartment of this case from Defendant Yellow Construction, and Defendant Construction Mutual Aid Association is both Defendant and Defendant 3.

It is a guarantee company that concludes a warranty contract for the apartment of this case and issues a warranty bond.

B. The conclusion and execution of the contract and the approval of the use of the apartment construction in this case by Defendant Yellow Construction, the said construction was completed after being awarded a contract for the instant apartment construction.

Defendant Yellow Construction was approved by the head of the Daegu Metropolitan City Office, the competent authority, on October 6, 2009 for the use of the apartment of this case.

C. On September 29, 2009, the Defendant Construction Mutual Aid Association entered into a contract for the repair of defects for the apartment of this case within the warranty period under the contract for the repair of defects under the contract for the repair of defects (hereinafter “each contract for the repair of defects of this case”) and issued the warranty bond as follows.

After the Plaintiff, an autonomous management body of the apartment of this case, the guarantee creditor of each of the instant guarantee contracts was changed to the Plaintiff.

The Guarantee Number Guarantee Amount (won) 1,348,749, 749, 78103 from September 30, 2009 to September 29, 2019 (10-year defect) 1,348,749, 749, 78103 from September 30, 2009 to September 29, 2014 (5-year defect) 2,697,49, 49, 78104 from September 30, 2009 to September 29, 2012 (3-year defect) 2,697, 49, 099, 0987885 from September 30, 209 to September 29, 2011 (2nd year from September 29, 2017; 307; 1937,397,97,209).