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(영문) 서울고등법원 2016.06.17 2015나2044906
구상금
Text

1. Ordering the following payments among the parts against Defendant Co., Ltd. and Construction Mutual Aid Association in the judgment of the first instance.

Reasons

1. The facts below the summary of the case are either in dispute between the parties or in Gap evidence Nos. 1 to 9 and 11 (including, if any, a serial number; hereinafter the same shall apply). The whole purport of the pleading is acknowledged by considering the whole purport of the pleading.

A. The Plaintiff and Defendant Incorporated Co., Ltd. and Yongdo Construction Industry Co., Ltd. 1) The Plaintiff entered into a contract between the Plaintiff and Youngdo Construction Industry Co., Ltd. 1) on the 137 Gi-ro Doi-ro 137 (Yi-dong-dong-dong-dong-dong-dong-dong-ro 820 (hereinafter “instant apartment”).

(2) On March 5, 2001, the Plaintiff, as a project undertaker who newly built and sold the apartment of this case, was approved to use the apartment of this case on August 27, 2003, determined on March 5, 2001, that the warranty period of the contractor’s warranty is 10 years in the case of the wall columns, 5 years in the case of the floor floor, 2 years in the case of the machinery, and 16(1) of the former Decree on the Management of Multi-Family Housing (repealed by Presidential Decree No. 18146, Nov. 29, 2003).

(hereinafter “instant construction contract”). In addition, on December 16, 2002, the Plaintiff’s advanced comprehensive construction company (hereinafter “Defendant’s advanced construction company”) (hereinafter “Defendant’s advanced construction company”).

Defendant Youngdo Construction Industry Co., Ltd. (hereinafter referred to as “Defendant Youngdo”) under the joint and several guarantee.

2) The contractor’s warranty liability period was set as two years (hereinafter “instant landscaping contract”) while awarding a contract for the instant apartment landscaping project (e.g., planting, facilities, and planting and maintenance project) (hereinafter “instant landscaping contract”).

B. 1) The council of occupants’ representatives of the apartment in this case (hereinafter “unit of occupants’ representatives”) has transferred the damage claim in lieu of defect repair from the sectional owners of some of 820 households of the apartment in this case, in total of 48,558.72 square meters of the entire area of the apartment in this case.

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