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(영문) 서울중앙지방법원 2015.02.06 2013가합49362

하자보수보증금 등

Text

1. The Plaintiff:

A. As to Defendant C Co., Ltd. and KRW 101,00,000 among them, Defendant C Co., Ltd. and KRW 612,133,256 among them, Defendant C Co., Ltd.

Reasons

1. Circumstances leading to the dispute in this case;

A. The status of the parties is the autonomous management body organized by the occupants in order to manage the Suwon-gu B and the 580 households of A apartment in Suwon-gu B and C (hereinafter “instant apartment”). Defendant 3 is the company that sold the instant apartment, and Defendant Construction Mutual Aid Association is the guarantee company that entered into a warranty contract with Defendant 3 on the instant apartment.

B. On September 21, 2007, Defendant Construction Mutual Aid Association entered into a contract for the warranty of defects for the repair of defects arising from the apartment of the instant apartment within the warranty period with Defendant C and C (hereinafter “instant warranty contract”) and issued the warranty bond on April 30, 2010.

Since then, as the Plaintiff, which is an autonomous management body of the apartment of this case, was organized, the obligee of this case changed to the Plaintiff.

The warranty period of 1: (a) fails to comply with the warranty period of 568,225,140 from May 20, 201 to May 19, 201; and (b) fails to enter the other party the performance of the warranty period of 1,420,562,850 3 until May 19, 2012 in the warranty period of 1,136,450,280 until May 19, 2013; and (c) fails to enter the other party the performance of the warranty period of 852,37,710 to the performance of the warranty bond of 205,50 in the warranty period of 1,420,562,850 3; and (d) the Defendant’s performance of the warranty period of 1,450,275,710 to 205,537,57,2015.

C. On May 28, 2010, the apartment of this case where defects occurred in the apartment of this case.