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1. The Defendant’s KRW 67,39,698 as well as the Plaintiff’s KRW 5% per annum from April 12, 2016 to September 30, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff is an autonomous management organization organized by the occupants of the instant apartment in order to manage two new Aamscarf Apartment-dong 231 households located in Daegu-gu Gayang-ro 24-ro 13 (Newdong-dong), Daegu-ro 24 (hereinafter “the instant apartment”). The Defendant guaranteed the duty to repair the defects of Nonparty SD Construction Co., Ltd. (hereinafter “SD Construction”) that newly built and sold the instant apartment.
B. On June 7, 2006, the Defendant entered into a warranty contract for the new construction of the instant apartment as indicated below (hereinafter “each of the instant warranty contracts”) with the head of the Daegu Metropolitan City Dong-gu as the guaranty creditor. The Defendant issued a warranty contract for the defect repair of the instant apartment as indicated below.
Serial No guarantee number guarantee amount of 10341206-2006-2001-001704 June 8, 2006 to June 7, 2011, KRW 20341206206201001705 to June 8, 2016 to June 7, 2016 to KRW 141,507,900 in total.
C. On June 30, 2006, Eddi Construction completed the new construction of the apartment of this case, and thereafter constituted the Plaintiff, which is the autonomous management body of the apartment of this case, and the guarantee creditor of each of the instant guarantee contracts of this case is not liable for guarantee of defects arising before the guarantee period. When the council of occupants' representatives is organized under Article 60(2) of the Enforcement Decree of the Housing Act, the guarantee creditor is deemed to have changed to the council of occupants' representatives.
D. The change was made to the plaintiff according to D.
E. E. E.D. was negligent in performing part of the construction of the new apartment in the construction of the instant apartment, and there was an error in rupture, such as cracks (hereinafter “instant defect”) in the common area of the instant apartment, as indicated in the repair cost aggregating table by the period of defect repair liability. Accordingly, E.S. apartment of this case may interfere with the function, aesthetic or stability of the apartment of this case.