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(영문) 서울고등법원 2018.08.16 2017나2020201

하자보수보증금 등

Text

1.The judgment of the first instance shall be modified as follows:

The defendant Housing and Urban Guarantee Corporation (hereinafter "the defendant Housing and Urban Guarantee Corporation") shall be 373,296,090 won.

Reasons

Basic Facts

A. Status 1 of the parties concerned) The Plaintiff is the two weeks A Apartment (hereinafter “instant apartment”).

(2) In order to manage the 412 households, the Defendant Mon Construction is an autonomous management body consisting of representatives from each building of occupants. (2) The Defendant Mon Construction is a business entity that constructed and sold the instant apartment, and the Defendant Corporation is a business entity that guaranteed the obligation to repair the defects of the instant apartment building for Mon Construction.

B. The warranty period between October 1, 2009 and September 30, 2010 (one year) 139,985,929 c 2 C from October 1, 2009 to September 30, 2011 (two years) 349,964,823 D 3, 209 to September 30, 201 (three years) 279,971,8584 E-S 209 to 309,989, and Defendant 29, each of the instant warranty obligations stated on September 30, 2013 as follows: < Amended by Presidential Decree No. 210035, Oct. 1, 2009; Presidential Decree No. 23548, Oct. 1, 2009; Presidential Decree No. 24190, Sep. 30, 2013; Presidential Decree No. 22192, Sep. 1, 2019, 2094>

The terms and conditions of the contract for the repair of defects are defined as follows. 4. The term "defect" refers to the classification of construction works for facilities subject to the repair of defects and the scope of defects and the period of liability for the repair of defects under attached Tables 6 and 7 of the Enforcement Decree of the Housing Act. 5. The term "guarantee accident" refers to the case where the principal debtor fails to perform the repair of defects without any justifiable reasons for the defects that occur within the period of liability for the repair of defects under attached Tables 6 and 7 of the Enforcement Decree of the Housing Act, which are the defects that occur within the period of liability for the repair of defects by each type of construction, notwithstanding the request for the repair of defects by the guarantee creditor.

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