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(영문) 울산지방법원 2016.12.01 2014가합4879
하자보수보증금
Text

1. The Defendant: (a) KRW 168,701,722 to the Plaintiff; and (b) KRW 5% per annum from July 31, 2014 to December 1, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is the party to the dispute. The Plaintiff is an apartment complex of the eropizo 2 complex located in the 855-dong, Ulsan-gu, Ulsan-gu, Ulsan-gu (hereinafter “instant apartment complex”).

(2) In order to manage the 318 households in total, five units, an autonomous management organization consisting of occupants is an entity that newly constructs and sells apartment units. The Defendant’s assistant is a contractor that newly constructs and sells apartment units. The Defendant’s assistant is a contractor that performs construction works by being awarded a contract for the new construction of apartment units in the development of flexible industry, and the Defendant’s construction mutual aid association (hereinafter “Defendant’s association”) is a guarantor that has concluded a warranty contract for apartment units as follows.

B. On November 28, 2007, the Defendant Union entered into a contract for the repair of defects with the supplementary intervenor and guarantee creditor as the Plaintiff (attached Table 1) and entered into the contract for the repair of defects for the new apartment construction (hereinafter “instant guarantee contract”). On December 21, 2007, the contract number 134028 and bearing wall 207,917,87 234030, total of 234030, including floor, roof, 207, 208, 207, 207, 207, 207, 207, 207, 207, 207, 340, 207, 340, 207, 207, 207, 207, 208, 343, 204, 205 to 34, 2017, 207, 2014).

[Attachment 1] Details of the execution of a warranty contract

C. On December 207, 2007, the apartment complex 1, which received a pre-use inspection, and obtained a pre-use approval from the head of the north-gu Busan Metropolitan City on January 10, 2008. In the construction of apartment, defects such as the outer wall and internal rupture, water leakage, etc. have occurred in the section for exclusive use and section for common use of apartment due to non-construction, alteration construction, defective construction, etc., and function, safety features or safety features.

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