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(영문) 서울중앙지방법원 2016.02.17 2013가합61492
하자보수보증금 등
Text

1. As to the Plaintiff KRW 1,134,454,646 and its KRW 101,00,000 among them, the Defendant shall start from August 24, 2013, and the remainder of KRW 1,03.

Reasons

1. Basic facts

A. The plaintiff is a party 1) The plaintiff is a 21-dong 124 apartment units located in Gangseo-gu Busan Metropolitan City D (hereinafter "the apartment units of this case").

For the management of the apartment and its ancillary and welfare facilities, it is an autonomous management body organized by occupants pursuant to the Housing Act. 2) The non-party M&D project project corporation (hereinafter referred to as the “non-party implementer”) is a project proprietor who sold the apartment of this case, and the defendant's intervenor is the contractor of the apartment of this case, and the defendant is the following B.

The guarantor who entered into the warranty contract for the apartment of this case, such as paragraph (1).

B. From November 30, 2008 to November 29, 2009 to November 29, 2009 to November 1, 2008 to November 1, 188, 862,062 won from November 29 to November 29, 2008 to November 18, 862,062 won from November 30 to November 29, 201 to November 29, 201 to November 1, 203, 203, 293, 4093 won to April 30, 200 to April 1, 2008 and Nonparty 6’s warranty bond each of the instant contracts with Defendant 1 to June 31, 205 to April 18, 2015 to April 30, 206, respectively.

(2) On November 25, 2008, the non-party executive officer entered into a warranty insurance policy with the defendant, and obtained approval for the use of the apartment of this case from the head of Gangseo-gu Busan on November 25, 2008, and thereafter, the guaranty creditor was changed to the plaintiff according to each of the above warranty liability contracts.

C. The Defendant 1’s Intervenor did not construct the part to be constructed according to the design drawings in the construction of the instant apartment, or modified, executed or performed defective construction differently from the design drawings. As a result, there were defects such as the apartment outer wall and internal rupture in the section for common use and section for exclusive use of the instant apartment.

Accordingly, the plaintiff is requested by the tenant or the sectional owner.

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