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(영문) 서울중앙지방법원 2014.12.26 2013가합35608

하자보수보증금 등

Text

1. The plaintiff

A. As to Defendant Grandmark C&D Co., Ltd, the amount of KRW 234,278,813 and KRW 101,00,000 among them.

Reasons

1. Circumstances leading to the dispute of this case;

A. The status of the parties is an autonomous management body that consists of nine residents of the 585 household units, “A apartment,” located in Kimhae-si B (hereinafter “instant apartment”).

Defendant Grandmark is a company that constructed and sold the instant apartment and Defendant Grandmark is a company that constructed and sold the instant apartment, and Defendant Grandmark is a company that constructed the instant apartment with a contract for the construction of the instant apartment from Defendant Grandmark, and Defendant Construction Mutual Aid Association is both Defendant and Defendant

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 for use of the apartment construction of the instant apartment by Defendant Grandmark performed and completed the said construction by being awarded a contract with Defendant Grandmark.

Defendant Grandmark obtained on January 14, 2009 the approval for the use of the instant apartment from the Kim Sea Market.

C. On January 12, 2009, the Defendant Construction Mutual Aid Association concluded a contract for the repair of defects arising from the apartment of the instant apartment within the warranty period with Defendant C and the obligee Kim Jong-si (hereinafter “each contract for the repair of defects of the instant apartment”) and issued a warranty bond as follows.

After the Plaintiff, which is an autonomous management organization of the apartment of this case, the guarantee creditor of each of the defect repair contracts of this case, was changed to the Plaintiff.

The guaranteed amount for the guarantee number (cost) C 435,673,409 E from January 16, 2009 to January 15, 2019 (the ten-year defect) 435,673,409 E from January 16, 2009 to January 15, 201 (the five-year defect) 871,346,817 F 817 from January 16, 201 to January 15, 201 (the two-year defect) 580,67,897, G 878 G 209 to January 15, 2018 (the two-year defect)

D. Defendant Sam-ho, who caused defects in the apartment of this case, newly constructed the apartment of this case.