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(영문) 서울중앙지방법원 2017.06.28 2016가합527498
하자보수보증금 등 청구
Text

1. As to the Plaintiff KRW 241,041,639 and KRW 201,00 among them, the Defendant shall pay to the Plaintiff KRW 40,00,00 from June 10, 2016, KRW 40,041,639.

Reasons

1. Basic facts

A. The Plaintiff is an autonomous management body that consists of occupants to manage the Namyang apartment 8, Dong-dong 591 unit (hereinafter “instant apartment”) located in 60, 1,000 Metropolitan City Ordinance 1,00.

Southyang Construction Co., Ltd. (hereinafter referred to as "Namyang Construction") is a company that constructed the construction of the apartment of this case, and the defendant (the Korea Housing Guarantee Co., Ltd. before the alteration) is a company that guarantees the duty of repairing the defects of the apartment of this case in Southyang Construction.

B. 1) On August 28, 2006, the Defendant entered into each contract for the repair of defects as indicated below (hereinafter “each contract for the repair of defects”) with the primary debtor as to the Namyang Construction and the instant apartment as the net market with the guarantee creditor as to the Namyang Construction and the instant apartment as indicated below.

A) A contract was concluded, and the guaranty creditor of each of the instant guarantee contracts was deposited with the Mayor of Ycheon-gu, the authority to conduct the inspection of defect liability for the instant apartment. The guaranty creditor of each of the instant guarantee contracts was changed to the Plaintiff. The key contents of each of the terms of the instant guarantee contracts are as follows: the guaranty period of the No. 10561206-2006-01-003704 August 31, 201, from August 31, 2006 to August 567, 2011; 675; 198; 20561206-206-201-03705, 2005 from August 31, 2016 to August 30, 2016.

The definitions of terms used in Article 1 (Definition of Terms) of the Terms and Conditions of the Contract for Repair of Defects shall be as follows:

4. “Defect” means a defect according to the “the classification of construction works subject to repair of defects and the scope of defect and the period of defect liability” in attached Tables 6 and 7 of the Enforcement Decree of the Housing Act.

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, and the principal debtor fails to perform the defect repair without justifiable grounds, notwithstanding a guarantee creditor's claim for defect repair of each type of work.

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