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(영문) 서울중앙지방법원 2015.02.11 2013가합55978

하자보증금

Text

1. The Defendant’s KRW 278,790,713 among the Plaintiff and KRW 101,00,000 among the Plaintiff, shall be KRW 177,790,713 from August 2, 2013.

Reasons

1. Basic facts

A. The Plaintiff is an autonomous management organization organized by occupants for the management of 8 to 506 households and their ancillary and welfare facilities, which are located in the 1333 Si-Seong-Seong-Seong-Seong-Seong-Seong-Seng-si 133, Kimhae-si (hereinafter “instant apartment”). The Defendant is a construction guarantee organization that entered into a warranty contract for the instant apartment with the Defendant, the contractor of the instant apartment.

B. On February 6, 2007, the Defendant entered into a guarantee agreement and entered into a usage inspection 1) with the Intervenor joining the Defendant to guarantee the obligation to repair the defects of the instant apartment on the following terms (hereinafter “the instant guarantee agreement”).

The Defendant concluded the warranty period of the No. 17835, Feb. 12, 2007; the warranty period of 17835, Feb. 11, 2007; the warranty period of 460,072,560 27834, Feb. 12, 2007; the warranty period of 460,072,560 37833 2073 207; the warranty period of 690,108,840 47832, 2073; the warranty period of 205,2015, 207, 204, 205, 207, 205, 204, 205, 205, 315, 207, 205, 207, 205, 315, 2015, 275, 2014

3) On February 13, 2007, the Intervenor’s Intervenor had undergone a pre-use inspection on the instant apartment from the Kimhae market, and thereafter, the secured creditor of the instant guarantee contract was changed to the Plaintiff. C. The Intervenor’s Intervenor’s Intervenor’s Intervenor’s assertion of defectiveness and repair claim 1) should construct the instant apartment in accordance with the design drawing.