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(영문) 서울남부지방법원 2014.08.12 2013가합2437

하자보수보증금

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1. The Defendant’s KRW 649,440,076 among the Plaintiff and KRW 101,00,000 among them, shall be KRW 548,440,076 from February 15, 2013, and KRW 548,440,076.

Reasons

1. Basic facts

A. The Plaintiff is an autonomous management organization that consists of occupants to manage the 175 units of Pyeongtaek-do 106, Pyeongtaek-do 267-ro 106, Pyeongtaek-si (hereinafter “instant apartment”) in Pyeongtaek-si in the stable circulation of Pyeongtaek-si.

B. On March 11, 2010, the non-party corporation, the non-party corporation that newly built and sold the apartment of this case (hereinafter referred to as the "stock company") entered into a defect liability contract with the defendant as the guarantee creditor of Pyeongtaek-si and received a defect liability bond as stated below (attached Table 1).

(1) The term “instant guarantee contract” is collectively referred to as “the instant guarantee contract” as indicated in the table below, and the term “the instant guarantee contract” is referred to as the sequence 31,587,536 March 10, 2010, No. 312920-201-201-00102, March 2, 2011, 201, 312929-2010-20102, 31,587,536 March 3, 2010; and the term “the instant guarantee contract” is referred to as the term “the instant guarantee contract” as the sequence 31,587,536, March 3, 2012; 0129-2010-201-001, 467, 381, 304, March 10, 2013.

On March 10, 2010, AWC had undergone a pre-use inspection on the apartment of this case, and thereafter, the guarantee creditor of the instant guarantee contract was changed to the Plaintiff.

According to Articles 3 and 4 subparag. 4 of the terms and conditions of the instant contract for the repair of defects included in the terms and conditions of the instant contract, the Defendant is liable for the repair of defects arising within the period of liability for the repair of defects by type of work as prescribed in attached Tables 6 and 7 of the Enforcement Decree of the Housing Act, and the Defendant is not liable for the repair of defects as to “construction in violation of the provisions concerning the portion of construction or unconstruction differently from the design drawing, design defect, housing construction standards, etc., construction in violation of the provisions concerning construction, error

E. The construction contract was entered into with ADC and the apartment of this case.