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(영문) 서울중앙지방법원 2014.08.28 2012가합98978
하자보수금
Text

1. The Plaintiff:

A. Defendant B-building housing association: 196,404,800 won and its 195,174,628 won among them.

Reasons

1. Basic facts

A. The plaintiff is the party's status 1) A apartment (7 Dong Dong Dong 640, hereinafter "the apartment of this case") on the ground of Dongdaemun-gu Seoul, Dongdaemun-gu.

(2) The Defendant B-building housing association (hereinafter referred to as the “Defendant housing association”) is a project proprietor who constructed and sold the instant apartment, and the wall mountain Construction Co., Ltd. (hereinafter referred to as the “ wall construction”) is a new construction contractor of the instant apartment after being awarded a contract with the Defendant housing association for the instant apartment construction.

3) The Defendant Construction Mutual Aid Association guaranteed the obligation to repair the defects of the apartment of this case in the building of brick construction. (B) On December 18, 2002, the building of brick construction contract was concluded between the Defendant Construction Mutual Aid Association and the Defendant Construction Mutual Aid Association (hereinafter “instant guarantee contract”) and deposited it with the head of Dongdaemun-gu Seoul Construction Mutual Aid Association, which is the authority for the inspection of the execution of the instant guarantee contract. In concluding the instant guarantee contract, the guarantee creditor is determined to be changed to the council of occupants’ representatives or the management body when the council of occupants’ representatives or the management body is formed.

The main contents of the terms and conditions of the instant guarantee agreement between December 24, 2002 and December 23, 2007, including the name of the contract for the guarantee number, the name of the project, the amount of security deposit, and other 1F 1F 1F 24, December 24, 2002, the floor, the roof, the roof 250,536,6415 G 2, December 24, 2002 to December 23, 2012 are as follows: The Defendant Construction Mutual Aid Association (Liability for Guarantee) fails to comply with the request for the performance of repair of defects arising from the design documents at the time of inspection for completion of the defect warranty period after undergoing the inspection for use or inspection of works, etc. on the front of the wall construction work, etc. (hereinafter referred to as “construction works”).

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