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(영문) 서울중앙지방법원 2017.06.22 2014가합522680
채무부존재확인
Text

1. The Plaintiff and the Defendant among the undetermined rehabilitation obligations authorized in Seoul Central District Court 2012 Gohap141.

Reasons

1. Basic facts

A. The party status A Co., Ltd. (hereinafter “A”) is a company that constructed and sold the F apartment 120 units and other auxiliary facilities (hereinafter “instant apartment”) at Namyang-si, Namyang-si, and the Defendant is a company that entered into a warranty contract with A for defects arising from the instant apartment.

B. The definitions of terms used in the terms and conditions of this Article are as follows:

4. The term "defect" means the classification of construction works for facilities subject to defect repairs and the scope of defects and the period of defect repair liability under the attached Tables 6 and 7 of the Enforcement Decree of the Housing Act.

5. The term "guarantee accident" means a case where a principal debtor fails to perform a defect repair without any justifiable reason, notwithstanding a guarantee creditor's claim for defect repair with respect to a defect that occurred in a facility subject to defect repair as prescribed in the attached Tables 6 and 7 of the Enforcement Decree of the Housing Act.

Article 3 (Contents of Guarantee Obligation) The Guarantee Company shall assume the obligation to perform the repair of defects or to pay the cost of repair of defects in the case of a guaranteed accident for defects that have occurred within the period of defect repair liability by type of work, which are defects that have occurred in the construction of facilities subject to defect repair as prescribed in

Article 4 (Defects Which are Not Subject to Guarantee Performance) The Guarantee Company shall not discharge the Guarantee Liability for any defect falling under any of the following subparagraphs:

2. Any defect that a guarantee creditor has neglected the duty of due care of a good manager with respect to the joint ownership part of multi-family housing and the maintenance, repair

4. The portion constructed or not constructed differently from the design drawing, design defect, housing construction standard, etc., error under the Building Act, error stated in the approval for temporary use and other defects arising prior to inspection.

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