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(영문) 서울중앙지방법원 2017.01.26 2014가합16727
하자보수금 등
Text

1. The Plaintiff:

A. As to Defendant C&T Investment Co., Ltd.: KRW 901,125,080 and KRW 101,000,000 among them, Defendant C&T Investment Co., Ltd.

Reasons

1. Basic facts

A. The plaintiff is the party. 1) The plaintiff is the 317-dong 317 apartment units (hereinafter "the apartment unit of this case") in Ulsan-gu 4-ro 15, Ulsan-gu.

(2) In order to manage the apartment complex, Defendant C&W Entertainment Co., Ltd. (hereinafter “Defendant C&W Entertainment”) is a business entity that constructed and sold the apartment complex of this case, and Defendant Hyundai Construction Co., Ltd. (hereinafter “Defendant Hyundai Construction”) is a construction company that newly built the apartment of this case by receiving a contract from Defendant C&W Entertainment.

3) Defendant Construction Mutual Aid Association (hereinafter “Defendant Mutual Aid Association”)

(B) Around February 8, 2011, the Defendant Hyundai Construction guaranteed the obligation to repair the defects of the instant apartment in Hyundai Construction. (B) Around February 8, 2011, the Defendant Hyundai Construction entered into a contract to guarantee the obligation to repair the defects of the instant apartment in Hyundai Construction (hereinafter “the instant guarantee contract”) with the Defendant Hyundai Construction Association, and deposit each of the defect repair obligations stated below with the Ulsan Metropolitan City Mayor, which is the authority to conduct the inspection for the use of the said warranty.

Article 1 of the terms and conditions of the instant guarantee agreement provides, “The Defendant Union shall pay to the other party the obligation instead of the other party or pay the relevant deposit in accordance with the terms and conditions and the content of this guarantee agreement with respect to any defect arising from the design drawings and specifications at the time of the inspection of the use (construction completion) within the warranty period after the contractor has undergone the inspection or examination of the usage of the front description construction works, etc.”

[Dissenting] The guarantee number No. 1209090904057 321,796,400 of 320,209 to December 30, 2009 to December 29, 2019 (10 years) 120.

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