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(영문) 울산지방법원 2016.01.13 2013가합3879
하자보수금 등
Text

1. The Defendants jointly share KRW 306,704,725 to the Plaintiff, and Defendant Two Industrial Construction Co., Ltd. on September 2015.

Reasons

1. Basic facts

A. The status of the parties is the autonomous management body organized by the occupants in order to manage the A apartment of Ulsan-gun, Ulsan-gun, 8, 451 households, and their ancillary facilities (hereinafter “the apartment of this case”). The non-party Suwon Industrial Development Co., Ltd. (hereinafter “the non-party company”) constructed and sold the apartment of this case, and the defendant company is the contractor who executed the new apartment of this case by being awarded a contract with the non-party company.

B. A contract number or project name of each of the instant guarantee contracts, and the warranty period of 1 B columns, 390,660,228 won from June 15, 2009 to June 24, 2019: (a) the sum of the warranty bonds and the warranty bonds of 781,320,456 won, including D Designation and Basic Construction, from June 15, 2014 to June 14, 2014; and (b) the warranty bonds of 520,80,3040,304 won from each of the instant contracts were issued on June 14, 2015 to June 15, 2012 (the aggregate of the warranty bonds of 20,520,000 won, 520,000,000 won, 520,000 won, 520,000 won, 64,05,005,06.28

After the filing of the instant lawsuit (before the filing of the instant lawsuit), the secured creditor of each of the instant guarantee contracts was changed to the Plaintiff.

C. Approval for the use of the instant apartment and defect 1) The instant apartment obtained approval for the use from the head of Ulsan Metropolitan City, Ulsan Metropolitan City on June 15, 2009. The Defendant Company did not construct the instant apartment in accordance with the design drawing or constructed it differently from the defective construction or design drawing. 2) Accordingly, the Plaintiff constructed the instant apartment on August 17, 2009 to the Defendant Company; from December 3, 2009 to the non-party Company; from June 11, 2012 to June 3, 2013 to the Defendant Cooperative, the instant apartment was defective.

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