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(영문) 서울중앙지방법원 2015.02.11 2013가합49645

하자보수보증금 등

Text

1. Of the instant lawsuit, the part regarding the conjunctive assertion against Defendant Promotion Enterprise Co., Ltd. is dismissed.

2...

Reasons

1. Facts of recognition;

A. The Plaintiff is an autonomous management organization composed of occupants to manage the Busan-gu A apartment (hereinafter “instant apartment”) that had had a pre-use inspection on November 20, 208, Busan-gu A (hereinafter “the instant apartment”) and the Defendant Promotion Company Co., Ltd. (hereinafter “Defendant Company”) is a new construction company of the above apartment, and the non-party Cmatra Co., Ltd. (hereinafter “Cmatra”) is an executing company that sold the above apartment.

B. On November 10, 2008, the Defendant Construction Mutual Aid Association (hereinafter “Defendant Mutual Aid Association”) issued a request for the performance of remuneration for defects arising from design drawings at the time of the inspection of the present apartment after the inspection of the use, but fails to do so within the warranty period, the Defendant Mutual Aid Association (hereinafter “Defendant Mutual Aid Association”) made the warranty liability guarantee to pay the guarantee creditor the amount generally deemed reasonable within the warranty amount as the actual cost incurred for the repair of defects (hereinafter “instant warranty”). The guarantee creditor is the Plaintiff.

C. The specific guarantee period, guarantee amount, etc. of the instant guarantee are as follows.

The term of guarantee (the warranty period) 1 year from November 20, 208 to November 19, 2009, such as the amount of security deposit for construction work (the term of warranty liability) 1 to November 20, 208, the first year from November 20, 2008 to November 162, 164,389 from November 19, 201 to November 19, 201; the second year from November 24, 2008 to November 20, 2008; the second year from November 20, 2008 to November 19, 201; the second year from November 24, 2011 to November 24, 2008; the second year from November 20, 2008 to November 12, 2013; the second year from May 28, 2015 to 208; and

D. Since November 20, 2008, the date of the pre-use inspection, there were defects such as the sum table of defects in the common area and the section for exclusive use in the attached section for common use and the section for exclusive use (limited to the parts concerning defects that occurred after the date of the pre-use inspection in the above table), and the amount necessary to repair the defects is as follows.