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(영문) 서울중앙지방법원 2015.12.11 2012가합98282
하자보수비 등
Text

1. The plaintiff.

Land Trust Co., Ltd. against the defendant shall be KRW 753,196,001 and KRW 101,00,000 among them.

Reasons

1. Circumstances leading to the dispute of this case;

A. The status of the parties is an autonomous management body comprised of the representatives elected by the occupants of the Seo-gu, Incheon Metropolitan City nine A Apartments (hereinafter “instant apartment”) 309 households (hereinafter “instant apartment”).

The land trust company against the defendant (hereinafter referred to as the "land trust against the defendant") is a company that constructed and sold the apartment of this case, and the defendant Hyundai Construction Co., Ltd. (hereinafter referred to as the "mull Construction") is a company that constructed the new apartment of this case by being awarded a contract for the construction of the apartment of this case from the land trust against the defendant, and the defendant Construction Mutual Aid Association is a guarantee company that concludes a defect liability contract for the apartment of this case and issues a defect liability bond.

B. The conclusion and execution of the contract, and the approval of use, Defendant Hyundai Construction contracted the instant apartment construction from the Defendant’s land trust and completed the said construction by entering into a contract.

The land trust against the defendant was approved on March 25, 2010 for the use of the apartment of this case.

C. On March 5, 2010, Defendant Construction Mutual Aid Association, which entered into a warranty contract, concluded a warranty contract for defects with respect to the repair of defects arising from the instant apartment within the warranty period for Defendant Hyundai Construction and the repair of defects (hereinafter “each warranty contract of this case”) and issued the warranty bond as follows.

After the Plaintiff, which is an autonomous management organization of the apartment of this case, the guarantee creditor of each of the defect repair contracts of this case, was changed to the Plaintiff.

A letter of guarantee number: B columns, bearing walls, 513,443, 385 won at the expiration date of the guarantee commencement date of guarantee for the name of work type; the amount of guarantee; and the amount of guarantee; March 30, 2010; the third floor, beams, roof 513,443,385 won on March 31, 2010; and the roof, roof, and waterproof construction on March 30, 2015; 513,443,43,385 won on March 30, 2014; 684,591,180 won on March 30, 2014, including E-Designation and basic construction works;

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