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(영문) 서울중앙지방법원 2018.02.07 2015가합550491
하자보수보증금 등
Text

1. The plaintiff's lawsuit against the defendant SP Construction Co., Ltd. shall be dismissed.

2. The Plaintiff:

A. The defendant corporation.

Reasons

1. Facts of recognition;

A. As to the parties, the Plaintiff is an organization consisting of the representatives of each Dong residents elected by each Dong residents of 783 households of the 13-dong apartment units A located in Yongsan-si District B (hereinafter “instant apartment units”).

The Defendant Il-ri Development Co., Ltd. (hereinafter “Defendant Il-ri Development”) newly constructed the instant apartment and sold it to each of the sectional owners. The Defendant DoS Construction Co., Ltd. (hereinafter “Defendant DoS Construction”) is a corporation that runs the instant apartment in accordance with the contract with Defendant YN Construction. Defendant DoS Construction Co., Ltd. (hereinafter “Defendant DoS Construction”) is a corporation that operates the Housing and Urban Fund under the Housing and Urban Fund Act and carries out various guarantee business, etc. using the instant apartment as financial resources.

B. On July 7, 2010, Defendant SP Construction entered into a contract on the warranty of defects with the Defendant’s Housing and Urban Guarantee Corporation (hereinafter “instant warranty contract”) under which the Defendant’s Housing and Urban Guarantee Corporation guaranteed the obligation to repair defects for the instant apartment complex between Defendant SP Construction and the Defendant’s Housing and Urban Guarantee Corporation.

Under the instant guarantee agreement, Defendant AS Construction was issued each warranty bond with respect to the defects arising during the respective guarantee period stated in the items of each “guarantee Period” to the extent of the amount stated in each “Guarantee Amount” as listed below.

The warranty period of C 1 C 1/31 of August 31, 2010 to August 31, 2011, 1,543,270,014 2D 2/2 of August 31, 2010 to August 31, 2012; from August 31, 2012 to August 1, 201, 543, 270,014 E 3/ 31 of August 31, 2010 to August 31, 2013; from August 30, 2013 to August 31, 2013; from August 31, 2015 to August 1, 157, 2015; from August 31, 2015 to August 31, 2015 to August 31, 2015; from May 31, 2017; and from May 37, 20157

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