beta
(영문) 부산지방법원동부지원 2020.08.26 2017가합107062

하자보수금 등

Text

1. Of the instant lawsuit, the part of the conjunctive claim against Defendant C Co., Ltd. shall be dismissed.

2. The Plaintiff:

A. Defendant.

Reasons

1. Basic facts

A. The plaintiff is a party to the dispute 1) A apartment located in Busan Shipping Daegu D (hereinafter "the apartment of this case").

In order to manage, the council of occupants’ representatives consisting of representatives from each building elected by the sectional owners. 2) Defendant B (hereinafter “Defendant B”) is a seller who constructed and sold the instant apartment, and Defendant C Co., Ltd. (hereinafter “Defendant C”) is a contractor who has completed the construction of the instant apartment after being awarded a contract for the construction of the instant apartment from Defendant B, and Defendant C Co., Ltd. (hereinafter “Defendant C”) guarantees the warranty obligation for the repair of defects in the instant apartment.

B. (1) Defendant B’s conclusion and approval for the use of the warranty contract) between Defendant B and Defendant Corporation on October 10, 2014, and Defendant B’s instant apartment construction work (hereinafter “instant construction work”).

In the event that the Defendant did not perform the obligation to repair defects, the Defendant entered into a contract to pay the warranty bond within the same period and amount as indicated below to the head of the Busan Metropolitan Government Shipping Authority, which is the secured creditor, and received a payment guarantee (hereinafter “each guarantee contract of this case”).

(1) From October 16, 2014 to 1 E (2014, October 16, 2014), the period of guarantee No. 1 E (15,506,786 won was 86,630,089 won and 4 years from 2 years from 3 years from the date of pre-use inspection ( October 16, 2014) of F 2nd KRW 14,383,49 won and 144,383 won and 15,506,786 won from 3 years from the date of the pre-use inspection ( October 16, 2014) of the period of guarantee No. 1 E (the date of pre-use inspection) (the date of the pre-use inspection was 86,630,089 won and 4 years from 5 years,630,089 won and 16 years from the date of the instant pre-use inspection (the date of the instant pre-use inspection).

3. Where a council of occupants' representatives is organized, the case is subject to the guarantee clause that the guarantee creditor is changed to the same council of occupants' representatives.