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(영문) 서울고등법원 2015.07.02 2014나2025052

하자보수보증금 등

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1. Of the judgment of the court of first instance, the Korea Housing Guarantee Association in excess of the amount ordered to be paid below.

Reasons

1. Basic facts

A. 1) The Plaintiff is the Plaintiff’s position as the parties to the case. The Plaintiff is the Plaintiff’s 10-3 ground light strings and apartment (hereinafter “instant apartment”).

(2) The Defendant Jungung Construction Co., Ltd. (hereinafter “Defendant Jungung Construction”) is a project proprietor who constructed and sold the instant apartment complex, and the Defendant Korea Housing Guarantee Co., Ltd. (hereinafter “Defendant Han Jong Construction”) is a guarantee company that entered into a contract with Defendant Jungung Construction and Guarantee of Defects in connection with the instant apartment complex’s defect repair obligation.

B. According to the contract for the repair of defects on October 6, 2008, Defendant 1 entered into a contract for the repair of defects between the Defendant’s Housing Guarantee and the Defendant’s Housing Guarantee and entered into the contract for the repair of defects as indicated below, and the usage was issued by the Defendant’s Housing Guarantee. After the Plaintiff’s establishment, the guarantee creditor of the contract for the repair of defects of this case did not perform the repair of each of the 3rd units of the 205th units of the 208th unit of the 3rd unit of the 1st unit of the 1st unit of the 2008 unit of the 1st unit of the 1st unit of the 2008 unit of the 1st unit of the 3th unit of the 1st unit of the 1st unit of the 2008 unit of the 1st unit of the 205 unit of the 3th unit of the 1st unit of the 2005 unit of the 201th unit of the 206th unit of the 3th unit of the 106.

However, Article 4 subparagraph 4 of the above terms and conditions shall apply.

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