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1. The Plaintiff:
A. Defendants B, C, and D are jointly and severally liable for KRW 430,256,355 and their related thereto.
Reasons
1. Basic facts
A. The Plaintiff is an autonomous management organization organized by its occupants to manage A apartment (hereinafter “instant apartment”) composed of 71 households located in Bupyeong-gu Incheon Metropolitan Government E (hereinafter “instant apartment”).
Defendant B and C are project undertakers who constructed and sold the instant apartment, and Defendant D Co., Ltd. (hereinafter referred to as “D”) is the contractor who newly constructed the instant apartment after being awarded a contract with the said Defendant B and C for the construction of the instant apartment.
Defendant Construction Mutual Aid Association is a company that guarantees Defendant D’s obligation to repair defects in the apartment of this case.
Serial No. 1 F. F. 13 from November 13, 2009 to November 12, 2019; 31,895,532 G G 2 from November 13, 2009 to November 12, 2014; 31,895,53 H H 3 from November 13, 2009 to November 12, 2014; 31,895,53 H H 13 from November 13, 2009 to November 12, 2013; 31, flood control; 534 I from November 13, 2015 to 12, 2013; 427; 5,527, May 15, 2015 to 13, 205;
B. On September 1, 2008, the Defendant Construction Mutual Aid Association entered into a contract for the warranty of defects with Defendant D to the effect that the liability for each type of work should be borne in the event of defects as specified in the Enforcement Decree of the Housing Act and the Housing Act (hereinafter “instant warranty contract”) and issued a warranty bond.
C. The special clause on the defect liability bond stated that “where the council of occupants’ representatives or the management body consists of the council of occupants’ representatives, the guarantee creditor shall be deemed to have changed to the council of occupants’ representatives.”
Defendant D completed the new construction of the instant apartment around November 2009, and obtained approval from the competent authority on November 10, 2009.
After that, the plaintiff, an autonomous management body of the apartment of this case, constituted the guarantee creditor of the guarantee contract of this case, was changed to the plaintiff.
(e).