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(영문) 부산지방법원 2017.02.15 2015가합2198

하자보수금등

Text

1. The Defendant’s KRW 248,335,150 for the Plaintiff and KRW 6% per annum from March 26, 2015 to February 15, 2017.

Reasons

1. Basic facts

A. The plaintiff is a party to the dispute. 1) The plaintiff is a 165 household unit of Domini apartment (hereinafter "the apartment of this case") located on the ground of 47 Dopho-ro 17, Yong-gu, Busan.

In order to manage the apartment of this case, it is an autonomous management body organized by occupants pursuant to the Housing Act and the Enforcement Decree of the same Act. 2) Nonparty Asian Trust Co., Ltd. (hereinafter referred to as the “ Asian Trust”) constructed the apartment of this case as the contractor of the apartment of this case by having Nonparty Ulsan Construction Co., Ltd. (hereinafter referred to as the “Suld Construction”) as the contractor of the apartment of this case, and the Defendant is the company which entered into a warranty contract for the apartment of this case with the Ulsan Construction.

B. 1) The Ulsan Construction Co., Ltd. guaranteed the obligation to repair the defects of the instant apartment complex between the Defendant and the Defendant (hereinafter “instant contract for the guarantee of the repair of defects”).

In conclusion, the Defendant entered into a contract for the repair of defects as set forth in the table of contract for the repair of defects, and if the council of occupants' representatives is composed, the guaranty creditor entered into an agreement that the relevant council of occupants' representatives will change the guarantee period to the said council of occupants' representatives. Serial No. 121212-201-0101, June 18, 2012 to June 17, 2013, 107, 2012-2012-2012-201-201- 0106. 05. 07. 205. 05. 18. 205. 205. 205. 205. 106. 205. 205. 105. 201- 2010- 2010- 2013. 16. 18. 2010

5. The term "guarantee accident" means a defect that occurs in a facility subject to defect repair as prescribed in the attached Tables 6 and 7 of the Enforcement Decree of the Housing Act within the defect repair liability period for each type of work.