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(영문) 부산지방법원 2014.10.01 2011가합17604

하자보수금 등

Text

1. The Plaintiff:

A. The Defendant father-young Co., Ltd.: (a) KRW 161,751,202; and (b) from March 27, 2012 to October 1, 2014.

Reasons

1. Basic facts

A. The status of the parties (1) The Plaintiff is an autonomous management organization comprised of occupants for the management of the 8-dong 606 unit of “A apartment” in Kimhae-si, Kimhae-si (hereinafter “instant apartment”).

(2) Defendant father-young newly constructed the instant apartment and leased it pursuant to the Rental Housing Act after obtaining approval for use from the Kimhae market on July 25, 2002, but was converted for sale in lots from October 2008.

(3) The Defendant’s housing guarantee is limited to the Defendant’s vice-contractor specializing in the warranty of defects, etc.

The company is the company that entered into the warranty contract for the apartment of this case, such as the statement in the subsection.

B. (1) On August 21, 2008, Defendant father-young concluded a contract for the warranty of defects (hereinafter “instant guarantee contract”) with respect to the guarantee of the Defendant’s housing and the repair of the instant apartment units, setting the guarantee creditor Kim Sea Market, 206, 289, 369 won, and the guarantee period from August 22, 2008 to July 24, 2012.

(2) The terms and conditions of the instant guarantee agreement and the main contents of the instant clause are as follows.

◇ 약관 제1조(용어의 정의)

4. The term "defect" means a defect according to the classification of facilities subject to repair of defects and the scope of defects and the period of liability for repairing defects in attached Tables 6 and 7 of the Enforcement Decree of the Housing Act.

5. The term "guarantee accident" means a defect that occurs in a facility subject to defect repair referred to in attached Tables 6 and 7 of the Enforcement Decree of the Housing Act, and the case where the defendant father fails to perform the defect repair without justifiable grounds, notwithstanding the plaintiff's request for defect repair for each type of work.

Article 3 (Contents of Guaranteed Liability) The defendant's housing guarantee shall bear the obligation to perform the repair of defects or to pay expenses for the repair of defects in the event of a guaranteed accident for defects that occurred within the period of liability for defect repair.

Article 4. Performance of Guarantees.