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(영문) 서울남부지방법원 2015.05.22 2013가합13567

하자보수보증금 등

Text

1. The Defendant’s KRW 45,856,77 of the Plaintiff and its related KRW 5% per annum from August 17, 2013 to May 22, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a self-governing organization that is composed of occupants to manage the 130 households and ancillary facilities (hereinafter “instant apartment”) in the Gangseo-gu Seoul Metropolitan Government Salt Construction Industry. The Defendant is a company that guarantees the warranty liability of the Seodaemun Construction Industry, a construction company of the instant apartment (hereinafter “Seong Construction Industry”).

B. On May 31, 2007, the Defendant guaranteed the warranty liability for the instant apartment (hereinafter “each guarantee contract of this case”), as seen in [Attachment Table 1] by making the guarantee creditor “the head of Gangseo-gu” and the business name “the instant apartment” as the guarantee creditor on May 31, 2007 (hereinafter “each guarantee contract of this case”).

[Attachment 1] [Attachment 1] Notwithstanding the warranty period of May 31, 2007 from May 31, 2007 to May 30, 2008 (1 year) 218,640,600 won from May 31, 2007 to May 30, 2009 (2 years) 218,640,600 won from May 30, 2007 to May 30, 3207 to May 30, 327,960 won from May 30, 200 to May 31, 2010 to the warranty warranty period, the Defendant bears the warranty warranty expenses of each of the instant warranty units within the warranty period of 163,980,450 won from May 30 to May 31, 2012 to the warranty warranty period of 327,960 won from each of the instant warranty units, or the Defendant bears the warranty expenses within the warranty period of 5.

3) Korea Land Trust Co., Ltd., a seller of the instant apartment (hereinafter “Korea Land Trust”)

(C) On May 31, 2007, a pre-use inspection on the apartment of this case was conducted, and the guarantee creditor of each of the instant guarantee contracts was changed to the Plaintiff after the Plaintiff was organized.

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