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(영문) 부산지방법원동부지원 2020.06.10 2016가합104684

하자보수금 등

Text

1. Of the instant lawsuit, the part of the conjunctive claim against Defendant D Co., Ltd. is dismissed.

2. The Plaintiff:

A. Defendant.

Reasons

1. Basic facts

A. Status 1 of the parties concerned) The plaintiff is a A apartment located in the F of the Geum-gu Busan Metropolitan Government (hereinafter "the apartment of this case").

(2) The Defendant B Co., Ltd. (hereinafter “Defendant B”) is the seller who constructed and sold the instant apartment, and the Defendant D Co., Ltd. (hereinafter “Defendant D”) is the contractor who completed the construction of the instant apartment after being awarded a contract from the Defendant B, and the Defendant E Co., Ltd (hereinafter “Defendant bank”) guarantees the obligation to repair the defects of the instant apartment.

B. 1) Defendant B entered into and approved for the use of a warranty contract on May 27, 2014 with the Defendant bank, and Defendant B entered into the instant apartment construction project (hereinafter “instant construction project”) with the Defendant bank.

In the event that the obligation to repair defects is not fulfilled, the Defendant bank entered into a contract to pay the warranty bond within the same period and amount as specified in [Attachment 1] to the head of the Si/Gu in Busan, which is the guarantee creditor, and received a payment guarantee (hereinafter “each guarantee contract of this case”).

(1) From May 27, 201 to May 27, 2014, the period of guarantee No. 1 G guarantee No. 302,80,000 won was 2 years and 756,99,000 won from May 27, 2014 (the date of May 27, 2014) 3 years and 605,59,000 won from 4 years and 454,19,000 won from the date of the J-use inspection (the date of May 27, 2014) 4 years and 454,19,000 won from 5 years and 454,19,000 won from the date of the usage inspection (the date of May 27, 2014) (the date of the instant usage inspection) 5 years and 459,190,00 won from the date of the instant usage inspection (the instant council of occupants’ representatives was constituted from 45 years and 20, 197.5 years and 4.

3. Where a council of occupants' representatives is organized under the Housing Act and the Enforcement Decree of the Housing Act, the guarantee creditor shall be the same.