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(영문) 서울중앙지방법원 2014.05.23 2012가합29934

하자보수보증금 등

Text

1. The Plaintiff:

(a) As regards Defendant Substitute Construction Co., Ltd, the amount of KRW 1,741,618,400 and KRW 101,00,000 among them shall be determined by the Presidential Decree.

Reasons

1. Basic facts

A. The plaintiff is an autonomous management organization that is composed of the residents in order to manage the 12-dong 707 households and ancillary facilities located in the number, 76-gil-ro 40, Gwangju Mine-ro (hereinafter "the apartment of this case"), the number, 12-dong 12-dong 76-ro, Gwangju Mine-ro, etc. (hereinafter "the apartment of this case"), and the defendant Woo Construction Co., Ltd. (hereinafter "Defendant Woo Construction") is the project implementer who constructed and sold the apartment of this case, and the new apartment of this case

B. On May 29, 2009, Defendant Substitute Construction Co., Ltd. entered into a warranty contract for the defects of the apartment of this case with the Defendant Korea Housing Guarantee Co., Ltd. (hereinafter “Defendant Housing Guarantee Co., Ltd.”) and entered into each of the warranty contracts (hereinafter “each of the warranty contracts of this case”) as listed below with respect to the apartment of this case, and received a warranty from the Defendant Housing Guarantee.

Since then, the guarantee creditor of each guarantee contract of this case was changed from Gwangju Metropolitan City to the plaintiff.

Serial Nos. 10121209-2001-004501, June 19, 2009 to June 18, 2010, 636,990,142, 01209-2, 01209-201-004502, June 19, 2011 to June 18, 2011, 636,90, 90, 143, 01209-209-201 to 05, 07.208-4, 207, 209 to 05, 208-4, 207, 205 to 196-4, 208, 205 to 196-4, 205 to 18.6, 2014

C. The apartment of this case was inspected on June 19, 2009, and the apartment of this case was inspected on the use of the apartment of this case. The defendant bank industry failed to construct the apartment of this case in accordance with the design drawing, or modified the construction differently from the defective construction or design drawing. 2) Accordingly, the plaintiff from January 2010 to the defendant bank construction upon the request of the occupants and sectional owners of the apartment of this case.