beta
Text
1. Defendant Seowon Special Construction Co., Ltd. shall pay to the Plaintiff KRW 5,304,068 and its amount from September 28, 2012.
Reasons
1. Basic facts
A. On December 17, 2008, the Plaintiff was the contractor of the Silsan-si, Yeong-dong, Silsan-si (hereinafter “instant apartment”) and the Korea Housing Guarantee Co., Ltd. was the principal debtor with respect to the instant apartment from December 17, 2008 to December 10, 2008, the guaranteed amount of KRW 1,110,494,580, guarantee period of KRW 1,110,494,580, guarantee period from December 30, 2008 to December 29, 2009, and the warranty period of KRW 1,110,494,580, guarantee period of the instant apartment from December 30, 2008 to December 29, 2010, respectively.
B. The Plaintiff’s apartment construction project of this case (hereinafter “the instant apartment construction project”) was subcontracted to the Defendants (excluding Defendant Specialized Construction Mutual Aid Association, Korea Facilities and Equipment Construction Mutual Aid Association, Information and Communications Mutual Aid Association, Electric Construction Mutual Aid Association, Seoul Guarantee Insurance Co., Ltd.) and completed on December 30, 2008.
C. After the completion of the instant apartment, there was a defect after the completion, and the Korea Housing Finance Institute requested the Korea Housing Finance Institute to calculate the basic amount and cost of the defect repair construction of the instant apartment, and (g) the Korea Housing Finance Institute (G) deemed the cost of the cost of the defect repair construction of the instant apartment around November 201 as KRW 3.639 billion (hereinafter “the instant report”).
The Korea Housing Guarantee Co., Ltd., in consultation with the council of occupants' representatives of the instant apartment, agreed to pay the above KRW 3,093,915,00, which is 85% of the above KRW 3.639 billion as the warranty bond, and paid the above KRW 3,093,915,00 to the council of occupants' representatives of the instant apartment on December 12, 201.
E. The rehabilitation procedure was initiated against the Plaintiff as the Gwangju District Court 2010 Gohap14 (the authorization date for the rehabilitation plan was December 15, 2010), and the Korea Housing Guarantee Co., Ltd. has the claim for the warranty bond of the instant apartment.