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(영문) 창원지방법원 2020.06.11 2018가합54029

하자보수금 등 청구의 소

Text

1. The plaintiff's main claim against defendant C is dismissed.

2. The Plaintiff:

A. Defendant.

Reasons

1. Basic facts

A. The status of the parties (1) The Plaintiff is an autonomous management organization organized by occupants for the efficient management and operation of a total of 812 households and its ancillary and welfare facilities (hereinafter “instant apartment”).

(2) Defendant B Co., Ltd. (hereinafter “Defendant B”) is a project proprietor who newly built the instant apartment, and Defendant C Co., Ltd. (hereinafter “Defendant C”) is a contractor who was awarded a contract for the new construction of the instant apartment from Defendant B, and the Defendant Housing and Urban Guarantee Corporation (hereinafter “Defendant Guarantee Corporation”) is a guarantor who entered into a warranty contract for the defects after the inspection on the use of the instant apartment between Defendant B and Defendant B.

(3) The supplementary intervenor is a contractor who subcontracted the construction of the instant apartment among the new construction works of the instant apartment.

B. (1) Defendant B entered into a contract for the repair of defects for each guarantee period (hereinafter “the guarantee period” to the new construction of the instant apartment as set out in Table 1 for each guarantee period (hereinafter “each guarantee contract of this case”) with respect to the new construction of the instant apartment as set forth in Table 1 with the Defendant Guarantee Corporation as the guarantee creditor, and was issued by the Defendant Guarantee Corporation for the repair of defects.

The term "guarantee Creditor" in the above warranty contract stated that "if a council of occupants' representatives (including a management body; hereinafter the same shall apply) is organized pursuant to Article 5 of the Guarantee Clause, the guaranty creditor shall be changed to the council of occupants' representatives." After that, the plaintiff, which is an autonomous management body of the apartment of this case, constituted the council of occupants' representatives, the guaranty creditor of each of

[Attachment 1: Details of Issuance of a Certificate of Repair of Defects] Serial Number 1 E Guarantee Period (won) No. 1 E 1 E on September 1, 2014; - August 336, 2015; 917, 385. 2 F.