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(영문) 서울남부지방법원 2015.08.18 2014가합13670
하자보수보증금
Text

1. As to the Plaintiff KRW 587,513,254 and KRW 100,010 among them, the Defendant shall pay to the Plaintiff KRW 587,513,254 from December 4, 2014, and KRW 487,503,254.

Reasons

1. Basic facts

가. 당사자들의 지위 원고는 서울 영등포구 국회대로 597(당산동 4가)에 위치한 당산동반도유보라팰리스(이하 ‘이 사건 아파트’라 한다) 6개동 299세대 및 부대시설을 관리하기 위하여 그 입주자들로 구성된 자치관리기구이다.

The defendant is a company which has entered into a contract for the repair of defects with respect to the apartment of this case with the construction of Do-do Co., Ltd. (hereinafter referred to as the "Do-do-construction").

B. On January 29, 2010, the Defendant entered into each of the instant guarantee contracts with respect to the instant apartment construction and the instant apartment as indicated below (hereinafter collectively referred to as the “each of the instant guarantee contracts”) and issued each of the instant warranty contracts to the head of Yeongdeungpo-gu in accordance with each of the instant guarantee contracts.

Since then, the guarantee creditor of each guarantee contract of this case was changed from the head of Yeongdeungpo-gu to the plaintiff.

Serial No. 1 2 No. 012920-201-00101, February 19, 2010 to February 18, 2011, No. 528,321, 192 No. 52920-201, February 19, 201, 192 (1 year) 3, 012920-201 to February 19, 2018 (2 years), 2010-205 to February 18, 20192 (2), 2010-2010 to 205.2019, 205 to 2019, 205 to 2019-4, 205 to 2019, 205 to 2019-4, 2010 to 205 to 2019-4, 2010 to 2019

C. The approval for use and defect of the apartment of this case obtained approval for use on February 19, 2010, and the Do-Construction failed to construct the part to be constructed in the construction of the new apartment of this case, or constructed the apartment of this case by making an defective construction in the section for common use and section for exclusive use different from the drawing. Accordingly, the apartment of this case caused an obstacle to the function, aesthetic, or safety in the apartment of this case.

Accordingly, the plaintiff from June 15, 2010 to June 2013.

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