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(영문) 서울중앙지방법원 2014.04.25 2012가합32541
하자보수보증금 등
Text

1. The plaintiff's lawsuit against the defendant Hyundai Industrial Development Co., Ltd. is dismissed.

2. The Plaintiff:

A. Defendant.

Reasons

1. Basic facts

A. The status of the parties is an autonomous management organization consisting of residents in order to manage 16,040 households and ancillary facilities of Seocho-gu A apartment (hereinafter “the apartment of this case”) in Seoan-gu, Seoan-gu, the Plaintiff is a project implementer who constructed and sold the apartment of this case, and Defendant Hyundai Industries Development Co., Ltd. (hereinafter “Defendant Hyundai Industries Development”) is a construction contractor who was awarded a contract for the construction of the apartment of this case from Defendant Ddo Industrial Construction to the construction of the new apartment of this case.

B. On March 27, 2009, the development of Defendant Hyundai Industries, which entered into a warranty contract, entered into each of the warranty contracts (hereinafter collectively referred to as “each of the warranty contracts of this case”) with the Defendant Korea Housing Guarantee Co., Ltd. (hereinafter “Defendant Housing Guarantee Co., Ltd.”) on the instant apartment as indicated in the following table, and was issued a warranty against the Defendant’s Housing Guarantee.

Since then, the guarantee creditor of each guarantee contract of this case was changed from the Chungcheong Do governor to the plaintiff.

The warranty period of No. 1 B (won) 1 B from April 25, 2009 to April 24, 2010 (1 year) 1,060,703,628 2 C 2 C from April 25, 2009 to April 24, 2011 (2 years) 1,060,703,628 3 D 3 D 209 from April 25, 201 to April 24, 2012 (3 years) 1,591,5,4424 E 424 from April 25, 2009 to April 24, 2015 to April 25, 201, 205 to April 25, 2015 to April 24, 2014;

C. The instant apartment was inspected on April 24, 2009, and the instant apartment was inspected on the usage inspection. The Defendant Hyundai Industries Development failed to construct the instant apartment in accordance with the design drawing, or modified the construction differently from the defective construction or design drawing. 2) The Plaintiff continuously requested the repair of defects to the Defendant Hyundai Industries Development from August 2009 at the request of the occupants and sectional owners of the instant apartment from August 2009.

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