beta
(영문) 서울중앙지방법원 2017.09.27 2015가합561064

하자보수보증금 등

Text

1. The Plaintiff’s claim for KRW 1,239,446,668 and damages for delay against Defendant Samsung C&T Co., Ltd.

Reasons

1. Basic facts

A. Status 1 of the parties) The Plaintiff is Seongbuk-gu Seoul Metropolitan Government A apartment (hereinafter “instant apartment”).

(2) The Defendant Association is a business entity that sells the instant apartment, and Defendant Samsung C&T is a corporation that has completed the construction of the instant apartment by being awarded a contract with the Defendant Association for the construction of the instant apartment, and the Defendant Corporation guarantees the obligation to repair the defects in the instant apartment.

B. From September 30, 201 to September 29, 2011 (one year) 1,292,156,810 2 D 1,292,158,810 3 E E from September 30, 2010 to September 29, 201 (two years) 1,292,158,810 3 E from September 30 to September 29, 2010 to September 29, 2013, the Administrator of the Seongbuk-gu Agency for Repair of Defects (three years), 1,938,235, 2264 F. 4, Sept. 29, 201, and Defendant Samsung 6, 106 to June 16, 2017, 207, respectively, shall be as follows: < Amended by Presidential Decree No. 237455, Sep. 29, 2015; Presidential Decree No. 2372065, Sep. 16, 2019, 206, 207

(2) The special clause of each contract for the repair of defects issued pursuant to each of the instant contracts provides that "no guarantee shall be held for any defect that occurred prior to the term of the guarantee, and the guarantee creditor shall be changed to the council of occupants' representatives when the council of occupants' representatives is organized pursuant to Article 60 (2) of the Enforcement Decree of the Housing Act." The main contents of each of the terms of the instant contract for the repair of defects are as follows:

4. The term "defect" means the classification of construction works subject to repair and the scope of defects in the attached Tables 6 and 7 of the Enforcement Decree of the Housing Act.