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1. The Plaintiff’s claim for KRW 189,248,061 and damages for delay against Defendant D Association shall be dismissed.
Reasons
1. Facts of recognition;
A. 1) The Plaintiff is a building A located in Yeonsu-gu Incheon Metropolitan City E (hereinafter “instant aggregate building”).
(2) In order to manage 1,207 households (office 1,140 households and neighborhood living facilities 67 households), Defendant B is a seller of the instant aggregate building, and Defendant C is a contractor who has completed the instant aggregate building construction by contract.
B. On November 3, 2015, the Defendant Union entered into a warranty insurance contract with the primary debtor C and the secured creditor as Defendant B to guarantee the duty to repair defects of the instant condominium building (hereinafter “instant warranty insurance contract”) and issued each warranty insurance contract with the following specifications.
The guaranteed amount subject to a guarantee period from June 9, 2015 to June 8, 2016 (1 year), 1/2015, miscellaneous works, painting works, swimming pool works, wooden works, furniture works, private persons, housing construction works, hold works, 630,120,16 won, glass works, and other construction works, 630,120,116 won to June 9, 2015 (2 years from June 9, 2017 to June 8, 2017), shipbuilding works, external and metal works, stone works, tin works, designated works, soil and earth mounds works, incidental civil works, landscaping works, machinery and equipment works, electrical equipment works, construction works, private persons, housing construction works, etc., 630,03 won to June 3, 2018, 2015 to June 30, 2015 to June 30, 2015;
C. 1) The instant aggregate building was approved for use on June 9, 2015, and the sectional owners received delivery of the instant aggregate building’s section for exclusive use. 2) Defendant C did not construct the instant aggregate building while constructing the instant aggregate building, or changed the construction differently from the drawing, or made a defective construction, thereby causing a defect, such as rupture, in the instant aggregate building.
3. From August 3, 2015, the Plaintiff demanded Defendant C to repair defects that occurred in the instant aggregate building.