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(영문) 서울중앙지방법원 2016.05.13 2014가합532427
손해배상(기)
Text

1. The Plaintiff’s lawsuit against the Defendant Hyundai Construction Co., Ltd. against KRW 122,360,748 and its delay damages.

Reasons

1. Circumstances leading to the dispute of this case;

A. The Plaintiff is an autonomous management body that consists of the representatives elected by the occupants of 1,316 units of the 19-dong, Seo-gu, Seo-gu, Seo-gu, Incheon (hereinafter “instant apartment”).

Defendant Hyundai Industrial Development Co., Ltd. and Hyundai Construction Co., Ltd. (hereinafter “Co., Ltd.”) are the companies jointly selling and constructing the instant apartment, and the Defendant Construction Mutual Aid Association is the guarantee company that has concluded a warranty contract with the Defendant Hyundai Industrial Development and Hyundai Construction Co., Ltd. on the instant apartment and issued the warranty bond.

B. The construction of the instant apartment was completed in a way that the Defendant Hyundai Industrial Development and the Defendant Hyundai Industrial Development completed the construction of the instant apartment by dividing the 101 to 110 units among the instant apartment units, and the 688 units among the 101 to 119 units among the instant apartment units, and the 111 to 119 units among the instant apartment units.

The date of approval for the use of the apartment of this case is May 24, 2004.

C. On April 23, 2004, the Defendant Construction Mutual Aid Association entered into a contract for the warranty of defects (hereinafter “instant warranty of defects”) with respect to the development of the Defendant Hyundai Industries, Hyundai Construction, and the repair of defects arising from the instant apartment within the warranty period, and issued the warranty bond with the following contents.

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

Guarantee Number B columns, bearing walls 711,129,120 won on May 20, 2004 - May 19, 2014 (10 years) C floor, beams, roof 711,129,120 won on May 20, 2004 - May 20, 2004 1,42,258,240 won on May 20, 2004, including the designation and basis, etc. for D during the guarantee period for the amount of security deposit for the name of construction type B columns, bearing walls 711,129,120 won on May 20, 2007 (19, May 20, 2004) including E Site Creation Works, etc. (3) 948,172,160 won on May 20, 2004;

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