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(영문) 서울중앙지방법원 2015.12.02 2014가합537279
하자보수보증금 등
Text

1. The Plaintiff:

A. As to Defendant Two Industrial Construction Co., Ltd, the amount of KRW 740,376,839 and KRW 101,00,000 among them, the amount of KRW 740,376,839.

Reasons

1. Facts of recognition;

A. The status of the party is the autonomous management body comprised of the occupants in order to manage the A Apartment 6, 447 households (hereinafter “the apartment of this case”) located in Guang-si B, and the non-party CHousing Reconstruction and Improvement Project Association (hereinafter “the non-party CHousing Association”) is the project proprietor who constructed and sold the apartment of this case, and the defendant 2san Construction Co., Ltd. (hereinafter “Defendant 2 Construction”) is the company that executed the construction of the apartment of this case by being awarded a contract from the non-party association.

The defendant Construction Mutual Aid Association is a guarantee company that issues a warranty insurance policy for defects in the new apartment construction of this case for the construction of defendant 2.

B. On October 7, 2009, Defendant 2san Construction Co., Ltd. entered into a warranty contract with the Defendant Construction Mutual Aid Association and the instant apartment as indicated below, and received each warranty bond from the Defendant Construction Mutual Aid Association.

The guarantee coverage amount (won) from October 30, 209 to October 29, 2009 to October 29, 203, 992, 400 from October 30, 2009 to October 30, 201 to October 30, 201, from October 30, 201 to October 303, 992, 400 to October 45, 2009 to October 45, 298, 608, from October 30 to 605 to October 30, 2009 to October 29, 201 to October 29, 2014; 94, 94, 90 to October 27, 2014; 10 to October 30, 209 to October 30, 209 to October 30, 294, 2009 to October 30, 2094

C. On October 30, 2009, the apartment of this case was approved for use on the apartment of this case. Defendant 2 Construction failed to construct the apartment of this case in accordance with the design drawing, or modified the construction differently from the defective construction or design drawing. 2) Accordingly, the Plaintiff continuously requested the repair of defects at the request of the occupants and sectional owners of the apartment of this case from August 2010 to August 2014, which was before one year elapsed since the approval for use was granted. The non-party association or Defendant 2 Construction was partially defective.

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