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(영문) 서울중앙지방법원 2014.11.18 2014가합540510
구상금
Text

1. The Plaintiff:

A. 132,611,820 won for Defendant Gold Industry Co., Ltd.;

B. Defendant Construction Mutual Aid Association shall be the defendant.

Reasons

1. Basic facts

A. 1) The Korea National Housing Corporation (Korea Land Corporation on October 1, 2009) entered into a contract with the Plaintiff, and the Plaintiff comprehensively succeeded to the rights and obligations of the Korea National Housing Corporation.

"Plaintiff" shall be deemed to be "Plaintiff" in total before and after the merger.

(2) On December 28, 200, the Defendant Gold-si and the Defendant Gold-dong Co., Ltd. (hereinafter referred to as the “instant apartment”) owned by 10 Dong-dong 681 households (hereinafter referred to as the “instant apartment”).

) The contract was entered into on the part of the four sections of construction work (hereinafter “instant contract”).

2) The main contents of the instant contract are as follows.

(1) The defendant gold industry has the responsibility for repairing defects for ten years in cases of walls and columns, five years in cases of floors, beams, roofs, and main stairs, two years in cases of machinery and civil engineering, two years in cases of other cases, and for the period under Article 11(1) of the Rules on the Management of Multi-Family Housing.

(2) Where defects in construction not discovered in the course of the completion inspection and the inspection of defects are laid underground, such as a drainage pipe, etc., access failure and error connection (No. 1), failure to access to the concealed section, and malfunction construction of the marina area, etc., which cause severe inconvenience to users of the relevant facilities (No. 2), or where they fall under improper construction and unconstruction (no. 3) of the concealed section, they shall be liable for repairing defects by up to ten years from the date of completion.

(3) The Plaintiff may, under the Housing Construction Promotion Act, have the autonomous management organization, which is composed of residents of multi-family housing, directly request the defendant gold industry to repair the defects, and the defendant gold industry shall repair the defects in good faith.

(Article IX:7). (b) of the Special Conditions of the Contract for Construction.

In order to guarantee the obligation of the repair of defects to the defendant's construction mutual aid association and the defendant's security industry under the contract of this case, the following warranty contract is entered into.

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