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(영문) 부산지방법원동부지원 2015.07.24 2014가합115
하자보수금 등
Text

1. The Plaintiff:

A. On January 21, 2014, Defendant Samheek Co., Ltd.: KRW 419,495,053 and KRW 415,658,816 among them

Reasons

1. Basic facts

A. (1) The Plaintiff is an autonomous management organization composed of occupants of the instant officetels (the underground fourth floor, the ground 18th floor, and the instant officetel) in Busan metropolitan Daegu metropolitan transportation Daegu, which consists of the occupants of the instant officetels (hereinafter “instant officetels”).

(2) Defendant Chhee Chhee Co., Ltd. (hereinafter “Co., Ltd.”) is an executor who constructed and sold the instant officetels. Defendant Chhee Construction Co., Ltd. is a company that performed construction of the instant officetel by being awarded a contract from Defendant Chheec., and Defendant Chhee’s mutual aid association guarantees the duty to repair the defects of the instant officetels.

B. On March 25, 2010, Defendant Taesung Construction Co., Ltd. entered into a construction contract for the instant officetel with the construction cost of KRW 16,665,00,000 (hereinafter referred to as “instant construction contract”) and newly constructed the instant officetel upon entering into a construction contract (hereinafter referred to as “instant construction contract”) and obtaining approval from the head of Busan Coast Guard around January 25, 2012.

C. On March 25, 2010, the Defendant Construction Mutual Aid Association concluded the instant officetel with Defendant Daesung Construction Co., Ltd. (hereinafter “instant warranty contract”) on the following [Attachment 1] with respect to the instant officetel: “The details of the issuance of each of the instant warranty contracts (hereinafter “each of the instant warranty contracts”) and issued the warranty bond to Defendant Samheeck.

The security deposit for the guarantee period from January 25, 2012 to January 24, 2013: (a) the details of the warranty bond from January 25, 2012 to January 24, 2013; (b) between January 25, 2012 to January 146, 280,000 to January 25, 2014; and (c) the details of the warranty bond issued from January 25, 2012 to January 37, 202 from January 24, 2015 to January 37, 2020, 2000 to January 25, 2012 to January 25, 2012; and (d) the details of the warranty bond issued from January 146, 202 to October 10, 200 [1]

D. (1) In the case of the construction of the instant officetel, the construction of the instant officetel does not construct the parts to be built in accordance with the design drawings.

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