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(영문) 서울중앙지방법원 2017.05.17 2015가합23081

하자보수보증금

Text

1. The Defendant’s KRW 47,794,415 for the Plaintiff and KRW 5% per annum from October 21, 2015 to May 17, 2017.

Reasons

1. Basic facts

A. The status of the parties is that the Plaintiff is an autonomous management body organized by their occupants to manage the 11-dong and 608 generation of the 11-dong Gao-dong 608 apartment units (hereinafter “the instant apartment unit”) located in YYYYYYYYYYYYYYYYYYYY. The Defendant guaranteed the obligation to repair the defects of the instant apartment unit, which is a new construction contractor of the instant new apartment unit (hereinafter “new apartment unit construction”) on June 24, 2014.

B. On November 22, 2005, a new construction contract between the Defendant and the Defendant for the warranty of defects (hereinafter “the warranty contract of this case”) provides that the Defendant shall either perform the warranty to the guaranty creditor or pay the cost of the repair of defects in a case where the new construction of this case was not performed without any justifiable reason even after receiving a claim for the repair of defects arising within the warranty period after having undergone a pre-use inspection on the new construction of the apartment of this case by designating the guaranty creditor as the Hank-gun-si City Mayor.

A) The Defendant entered into a contract and was issued a guarantee of each of the contents as indicated below. The warranty period of 16687 from November 16, 2005 to November 15, 2015 (10 years), bearing walls 493,010,460 2668 2668, and the floor, 493,010, 4603, 6603, 6689 to 6689 to 16.65, 206, 205 to 16.65, 206, 205 to 16.65, 206, 205 to 16.65, 206, 205 to 36.6, 16.6, 206, 206, 205 to 3.6, 206, 16.6, 2016