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1. Of the judgment of the first instance, the part of the Defendants’ failure, which exceeds the amount ordered to be paid under the judgment, is revoked.
Reasons
1. Basic facts
A. The Plaintiff is an autonomous management organization that is composed of occupants, etc. of the instant apartment in order to manage 18 units, 1424 units, and ancillary facilities, including 18 units, of the instant apartment in Busan-gu. (hereinafter “instant apartment”).
2) Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company that conducts facility safety inspections and storage works, etc., and Defendant C Mutual Aid Association (hereinafter “Defendant Mutual Aid Association”) guarantees Defendant B’s duty to repair defects regarding the apartment of this case.
B. On January 1, 2015, the Plaintiff publicly announced a bid for the contract for frating and re-satising construction of the instant apartment, etc., and on May 14, 2015, the Plaintiff selected Defendant B as a successful bidder among three companies that participated in the said bidding on May 14, 2015. On May 15, 2015, the Plaintiff entered into a contract for construction with Defendant B to contract for the construction of the frating and re-satising construction of the said frating and re-satising construction with Defendant B (hereinafter “instant repair project”).
2) On May 21, 2015, the Plaintiff notified Defendant B of the reversal of the said construction contract on the grounds of the defect, etc. in the procedure for the said bidding, but lost in the lawsuit seeking confirmation of the validity of the construction contract that was filed by Defendant B (the Busan District Court 2015 Gohap 3986). On February 26, 2016, the Plaintiff again concluded a contract for construction works with Defendant B on the part of the contract with which the instant repair work was contracted (hereinafter “instant contract for construction works”). 3) The content of the instant contract for construction works changed only the “date of commencement and completion,” among the terms of the contract for construction works executed on May 15, 2015, and the main content of the instant contract for construction works are as follows.
Contract for Construction Work
1. Public mission: Crheat repair and re-doing works, and clicking works for windows;
3. Date of commencement: March 2, 2016.
4. Date of completion: June 30, 2016.
5. Contract amount: One hundred million won (673,770,000 won) (excluding value added tax).