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(영문) 서울중앙지방법원 2018.05.09 2015가합582757
하자보수금
Text

1. The Plaintiff:

A. Defendant New LAW Construction Co., Ltd. and QBD Construction Co., Ltd. are jointly and severally liable for 231,206.

Reasons

1. Basic facts

A. The Plaintiff is an autonomous organization composed of 92 co-owners of the building B on the ground of Yeongdeungpo-gu Seoul Metropolitan Government (70 units of urban-type residential housing, 22 units of officetels, hereinafter “instant building”). (2) Defendant New A&D Construction Co., Ltd. (hereinafter “Defendant New A&D”) decided to newly construct and sell the instant building; and (3) between Defendant New A&D Korea Trust Co., Ltd. (hereinafter “Defendant New A&D”) and Defendant New A&D Co., Ltd. (hereinafter “Defendant Korea Trust”), the truster and beneficiary were the contractor of the instant building; and Defendant C&D Construction Co.,, Ltd (hereinafter “Defendant C&D”) was the contractor of the instant building, and the Defendant C&D Construction Co., Ltd. (hereinafter “Defendant C&D”) was divided into a business sector, such as civil engineering, building construction, new construction and sales business, etc. of Defendant New A&D. on December 24, 2014.

3) The Defendant Korea Trust is a business entity that constructed and sold the instant building. 4) The Defendant Korea Trust Mutual Aid Association (hereinafter “Defendant Mutual Aid Association”) is a surety that guarantees the duty to repair defects arising after the inspection of the use of the instant building by Defendant New U&AD..

B. On August 17, 2011, the Defendant Korea Trust concluded a land trust contract with the content that the Defendant Korea Trust built the instant building site after being entrusted with the instant building site (hereinafter “instant trust contract”).

C. On September 12, 2012, Defendant New Co., Ltd entered into a warranty contract (hereinafter “instant warranty contract”) with the Defendant Mutual Aid Association as the head of Yeongdeungpo-gu Seoul Metropolitan Government, whereby the guarantee creditor is the head of Yeongdeungpo-gu, and the Defendant New Co., Ltd guarantees the obligation to repair the present building of the instant building (hereinafter “instant warranty contract”). The deposit number (2D 14,555,889 from the date of usage inspection as of January 24, 14,55,889 from the date of usage inspection to the date of usage inspection) 3 E 11,64,711 from the date of usage inspection.

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