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(영문) 서울고등법원 2019.05.31 2016나2009887

하자보수보증금등

Text

1. The judgment of the first instance court, including the claim extended by the plaintiff in this court, shall be modified as follows:

Reasons

1. Facts of recognition;

A. The plaintiff is a party to the dispute 1) The plaintiff is a 12-dong 12,264 apartment units on the ground of the E-ground in the light name city (hereinafter "the apartment unit of this case").

2) In order to manage the instant apartment, the F apartment house reconstruction association (hereinafter referred to as the “instant association”) is a project proprietor who constructed and sold the instant apartment, and the Defendant B (hereinafter referred to as the “B”) and C Co., Ltd (hereinafter referred to as the “C”) are joint contractors of the instant association.

3) The Defendant D&C concluded each of the following warranty contracts with Defendant B and C to guarantee the said Defendants’ obligation to repair the defects of the instant apartment. (b) On January 29, 2010, Defendant D&C entered into a warranty contract with Defendant B and Defendant C on February 18, 2010, each of the instant apartment construction works performed by Defendant B and C, and each of the instant apartment construction works performed by Defendant B and C on February 18, 2010, which was incurred after the date of the inspection of the use (excluding non-construction or design defects before the inspection of the use) and fails to perform the warranty obligation even upon request for repair, the warranty creditor did not perform the warranty obligation even after the date of the inspection of the completion of the warranty contract (hereinafter “each of the instant warranty contracts”) within the period and amount stated in the table of the execution of the warranty contract and the amount thereof (hereinafter “each of the instant warranty contracts”). Defendant D&C entered the warranty warranty agreement with the relevant management body or each of the relevant warranty creditors’ representatives council.

The guarantee period of the No. 1 of the No. 1 of the Guarantee is guaranteed (cost) and 1 G.