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(영문) 서울중앙지방법원 2013.11.20 2012가합51597

하자보수보증금 등

Text

1. The Plaintiff:

A. As to the Defendant Korea Land Trust, Inc., the amount of KRW 316,012,785 and KRW 101,00,000 among them.

Reasons

1. Basic facts

A. The status of the parties is an autonomous management organization composed of the occupants to manage six and four households of the Young-gu A Apartment-gu, Young-gu (hereinafter “the apartment of this case”). The Defendant Korea Land Trust is a project proprietor who constructed and sold the apartment of this case, a wind forest industry corporation (hereinafter “saelim industry”), and the Defendant Seoul Guarantee Insurance Co., Ltd. are as follows.

A person who issues a warranty bond for the apartment of this case to the scenic industry, such as paragraph (1).

B. On March 15, 2006, the Defendant Seoul Guarantee Insurance Co., Ltd. concluded a warranty insurance contract for the repair of defects as the insured on the ground that it is permissible to accept the instant apartment between the wind and industry (hereinafter “each guarantee insurance contract of this case”) and the Defendant Seoul Guarantee Insurance Co., Ltd.

(2) Each of the guaranty insurance policies was issued. On March 22, 2006, the insurance period of the Defendant Seoul Guarantee Insurance and Punglim Industry’s guarantee (liability period) was from March 30, 2006 to March 29, 2007, with respect to the 335,838,036 2, from March 30, 2006 to March 29, 2007 to March 2008, the Plaintiff’s respective of the above guaranty insurance contracts was modified to the 335,838,036 3, from March 30, 206 to March 30, 2006 to March 29, 2006 to the 303,757,581,65, respectively, from March 30, 2006 to March 29, 206 to the 3005,78196,587, respectively.

C. The 1st apartment industry that caused defects in the apartment of this case does not construct the part to be constructed in accordance with the design drawing while constructing the apartment of this case or constructing the apartment of this case by changing the same differently from the defective construction or design drawing from the apartment of this case.