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(영문) 서울중앙지방법원 2018.09.06 2016가합512700

하자보수금 등

Text

1. The Plaintiff:

A. Defendant B’s organization: 678,150,360 won and 290,600,585 won among them, from May 1, 2016; 139,96

Reasons

1. Basic facts

A. 1) The Plaintiff is a party to the dispute. The Plaintiff is a party to the dispute. The Plaintiff is a party to the dispute with 8 unit units and 8 unit building (hereinafter “the apartment of this case”).

(2) Defendant B’s organization is a company that contracted and constructed and sold to the Intervenor joining the Defendant, a corporation for the purpose of constructing or performing other construction works for the instant apartment.

The defendant Housing and Urban Guarantee Corporation (hereinafter referred to as the "Defendant Guarantee Corporation") is the Guarantee Corporation that guarantees the performance of the obligation to repair defects in relation to the apartment of this case as follows:

B. 1) On December 9, 201, the Defendant’s Intervenor entered into a contract with the Defendant Guarantee Corporation to guarantee the obligation to repair the defects of the instant apartment as indicated in the following specifications: (a) the Defendant’s Intervenor’s respective guarantee contracts for the repair of defects regarding the instant apartment (hereinafter “each guarantee contract of this case”).

Around 19: (a) concluded a contract; (b) issued a written warranty for defects from the Defendant Guarantee Corporation; and (c) deposited it with the Suwon City Mayor, which is the authority for usage inspection. Each of the foregoing warranty for defects stated as follows: “The guarantee creditor shall not be liable for any defect that occurred prior to the period of warranty; and (d) when the council of occupants’ representatives is organized under Article 60(2) of the Enforcement Decree of the Housing Act, the guarantee creditor shall be deemed to be changed to the said council of occupants’ representatives; (b) from December 9, 2011 to December 219, 7, 2012; and (c) the Plaintiff’s usage inspection on December 6, 2018 to December 9, 2011; and (d) on December 21, 2018 to December 549, 46, 948 H 3H 208; and (e) on December 29, 2011 to May 39, 2019, 20198