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(영문) 서울중앙지방법원 2016.05.20 2014가합555116

하자보수보증금 등 청구의 소

Text

1. The Plaintiff:

A. The Defendants jointly share KRW 923,162,950 and KRW 101,00,000 among them, from September 23, 2014.

Reasons

1. Circumstances leading to the dispute of this case;

A. The status of the parties is an autonomous and management organization comprised of the occupants in order to manage a 14-dong, Gangdong-gu, Seoul Metropolitan Government 14-dong, 142 households (hereinafter “instant apartment”).

Defendant Hyundai Industrial Development Co., Ltd. (hereinafter “Defendant Hyundai Industrial Development”) is the construction work of the instant apartment that was executed by being awarded a contract for the construction work of the instant apartment from the B apartment reconstruction project association (hereinafter “the non-party association”) as follows:

The defendant Construction Mutual Aid Association is a guarantor who has entered into a warranty contract on the apartment of this case with the defendant Hyundai Industrial Development.

B. On October 10, 2006, Defendant Hyundai Industrial Development, including the conclusion of a contract for work, contracted the construction of the instant apartment and completed the said construction work.

On August 6, 2009, the non-party association obtained a provisional use approval for the apartment of this case from the head of Gangdong-gu Seoul Metropolitan Government, and obtained approval for use on February 18, 2010.

C. On October 13, 2009, the Defendant Construction Mutual Aid Association concluded a contract for the warranty of defects with respect to the development of Defendant Hyundai Industries and the repair of defects arising from the instant apartment within the warranty period, and issued the warranty bond to the head of Gangdong-gu (hereinafter “instant warranty contract”) as follows.

After that, as the Plaintiff, which is an autonomous management organization of the apartment of this case, was constituted, the creditor of the contract of this case was changed to the Plaintiff.

2, 3 designation and foundation, etc. from August 6, 2009 to August 5, 2010, 1,481,481,904, 904, 528 from August 6, 2009 to August 5, 2011; 4 beams from August 6, 2009 to August 5, 2012, including 222,856, 792, 4 beams, floors, roof 111, 428, 396, from August 6, 2009 to August 5, 2012, 204;