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(영문) 서울중앙지방법원 2015.08.21 2013가합75651
하자보수보증금
Text

1. The plaintiff

A. The Defendant Military Mutual-Aid Association shall set forth KRW 1,106,006,808 as well as KRW 101,00,000 among them, from October 24, 2013.

Reasons

1. Circumstances leading to the dispute of this case;

A. 1) The Plaintiff is the party concerned. The Plaintiff is the 4th mar apartment of Siung-si, Siung-si, the Bank of Siung-si, which is located 93-1 (Cho-1) (hereinafter “instant apartment”).

(2) The Defendant Military Mutual Aid Association is a person who constructed and sold the instant apartment, and the Defendant’s Intervenor (hereinafter “ Intervenor”) is a contractor who newly constructed the instant apartment upon receiving a contract from the Defendant Military Mutual Aid Association to construct the instant apartment.

3) The Defendant Construction Mutual Aid Association guaranteed the Intervenor’s obligation to repair the defects of the instant apartment units. B. The Intervenor entering into a defect repair contract with the Defendant Construction Mutual Aid Association and the instant apartment units as indicated below (hereinafter “instant defect repair contract”).

A) The Defendant Construction Mutual Aid Association concluded a warranty contract and received a warranty certificate from the Defendant Construction Mutual Aid Association. According to the terms and conditions of the instant warranty contract, the Defendant Construction Mutual Aid Association bears the obligation to the guaranty creditor and the terms and conditions by failing to perform the inspection despite the Intervenor’s request for performance of repair of defects arising out of the design drawing at the time of completion of construction.

The secured creditor of each of the instant warranty bonds was changed to the Plaintiff after the approval for the use of the instant apartment.

Guarantee Number 728,620,104 Won 728,620,620,104 won, such as 41974 finishing work, from July 30, 2004 to July 29, 2005. 41973 Housing Site Creation Work, etc. 728,620,620,104 won from July 30 to July 29, 2006; 1,092,930,156 won from July 30 to July 30, 2004; and 1,092,930,156 won from July 30 to July 29, 207;

(c)in this case;

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