하자보수에 갈음하는 손해배상 등
1. The Plaintiff:
A. The Defendant Unyoung Housing Co., Ltd.: KRW 763,406,748 and its amount from October 2, 2014 to April 9, 2015.
1. Basic facts
A. Status 1 of the parties concerned) The plaintiff is a A apartment (8 Dong Dong-dong total of 800 households, hereinafter "the apartment of this case") located on the ground of the Jeonjin-gu Seoul Metropolitan Government B in the Jeonjin-gu.
In order to manage the apartment complex, Defendant father-young is a business entity that constructed and rents the apartment complex of this case. Defendant father-young is a company divided from Defendant father-young on December 30, 2009 for the purpose of leasing real estate, selling in lots, or arranging business.
3) The Defendant Non-Decree constructed the instant apartment and leased the instant apartment after undergoing a pre-use inspection on or around September 27, 2003, and thereafter, the Defendant Non-Decree divided from the Defendant Non-Decree sold the instant apartment to several buyers including the Plaintiffs after obtaining approval for conversion into parcelling-out on the instant apartment around March 2010.
B. 1) On March 31, 2010, Defendant Non-permanent Housing Co., Ltd. entered into a contract for the warranty of defects (hereinafter “instant warranty contract”) with Defendant Non-permanent Housing Guarantee Co., Ltd. (hereinafter “instant warranty contract”).
A) Upon concluding a contract, the Defendant had the warranty bond issued from the Defendant’s housing guarantee, and deposited it with the head of Jeonjin-jin-gu, Seoul Special Metropolitan City, which is the authority for usage inspection. In concluding the instant guarantee contract, the guaranty creditor was determined to be changed to the relevant council of occupants’ representatives or the management body in cases where the council of occupants’ representatives or the management body is comprised of the council of occupants’ representatives. [Attachment 1] The main contents of the terms and conditions of the instant guarantee contract are as follows: (i) the guaranty bond guarantee period C. C. 22, 2010 to September 26, 2013; (ii) the guarantee bond guarantee period (original) the main contents
Article 1 (Definitions)
4. The term “defect” means any defect according to the classification of construction works subject to repair and the scope of defects and the period of defect repair liability” in the attached Tables 6 and 7 of the Enforcement Decree of the Housing Act.
5. The term "guarantee incident" means a guarantee incident.