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(영문) 인천지방법원 2019.01.18 2016가합54267

하자보증금 청구

Text

1. The Defendant’s KRW 281,166,154 among the Plaintiff and KRW 201,00,000 among the Plaintiff, shall be KRW 80,166,154 from June 23, 2016.

Reasons

1. Basic facts

A. 1) The Plaintiff is a party-based apartment A, Yeonsu-gu, Incheon, 626 households (hereinafter “instant apartment”).

In order to manage the apartment complex, the Defendant’s Intervenor is an autonomous management body that is composed of its occupants. 2) The Defendant’s Intervenor is a company that implemented and constructed the new apartment construction of the instant apartment after being awarded a contract, and the Defendant (Korea Housing Guarantee Co., Ltd.) guaranteed the Defendant’s obligation to repair the defects in the apartment complex of this case

B. On June 9, 2006, the Defendant’s Intervenor entered into a warranty contract and the inspection of the use of the apartment in this case (hereinafter “each of the instant warranty contracts”) with the Defendant as a guaranty creditor as the head of the free economic zone authority of Incheon Metropolitan City and entered into each of the instant apartment in the warranty contract (hereinafter “each of the instant warranty contracts”) as described below.

The Defendant entered into a guarantee agreement and received each guarantee guarantee from the Defendant. [Attachment 1] The Defendant’s respective guarantee guarantee period (won) 1 C 1 C from June 15, 2006 to June 14, 2007 (one year) 758,291,2582 D 2 June 15, 2006 to June 14, 2008 (2 years) 758,291,2583 E 3 from June 15, 2006 to June 14, 2009 to June 14, 2009, the Plaintiff changed the Plaintiff’s approval for use from the Administrator of the Free Economic Zone Agency (three years) to June 14, 2006 to June 15, 2006 to June 14, 2006, and June 15, 2006 to June 14, 2006 to June 16, 2005.

C. The plaintiff subrogated for the defects in the first, second, and third years of defects in the apartment of this case requires the defendant to pay the cost of defect repair to the defendant according to each of the above contract. The defendant shall pay the plaintiff KRW 1,938,00,000 to the plaintiff around May 201, and the defendant shall pay the plaintiff KRW 1,938,00,000 to the plaintiff as the secured creditor, and shall be liable for the defect repair liability for the defects in the second, second, and third years of defects.