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1. The Plaintiff:
A. As regards the Defendant Military Mutual Aid Association, the amount of KRW 327,667,902 and the amount of KRW 201,00,000 among them shall be from April 7, 2015.
Reasons
1. Basic facts
A. 1) The Plaintiff is an autonomous management body comprised of representatives of occupants for the management of the 5-dong 214 households, Dong-dong 214-dong 5 (hereinafter “the instant apartment”). The Defendant Military Mutual Aid Association is an executor who sells the instant apartment, and the non-party Gyeongnam Co., Ltd. (hereinafter “Gyeongnam Co., Ltd”) is a contractor who was awarded a contract for the construction of the instant apartment from the said Defendant.
3) The Defendant Construction Mutual Aid Association (hereinafter “Defendant Mutual Aid Association”) is a corporation established under the Framework Act on the Construction Industry, and is a guarantor who entered into a contract for the repair of defects with respect to the instant apartment. B. On March 31, 2010, if the Defendant Mutual Aid Association fails to perform the obligation for the repair of defects arising from the instant apartment, the Plaintiff Mutual Aid Association entered into a contract for the repair of defects (hereinafter “instant guarantee contract”) with the Defendant Mutual Aid Association and issued each warranty bond within the period and amount specified in the following table. Article 1 of the said warranty contract applicable to the said guarantee contract provides that “The Defendant Mutual Aid Association shall pay the other party obligations on behalf of the Defendant Mutual Aid Association or pay the pertinent warranty bond in accordance with the terms and conditions for the repair of defects arising from the construction works, etc. or the design and drawings at the time of inspection of the completion of the construction works within the warranty period after receiving the request for the performance of the said obligation.”
[Contents of Contract for Repair of Defects] Guarantee No. Serial No. 115050, 15050, 15050, 2010.