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(영문) 서울중앙지방법원 2017.03.23 2015가합563633
하자보수보증금 청구
Text

1. The Defendant’s KRW 632,493,923 among the Plaintiff and KRW 201,00,000 among the Plaintiff, shall be KRW 431,493,923 from October 22, 2015.

Reasons

1. Basic facts

A. The Plaintiff is an autonomous management body comprised of the occupants in order to manage the Nowon-Jaman apartment (five Dong-dong 299 households; hereinafter “instant apartment”) located in 134-gil 16-gil, Dongjak-gu, Seoul, with a view to managing the said apartment.

The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) is an executor who constructed and sold the instant apartment building, and the Defendant is between the Intervenor and the Intervenor.

It is a guarantee company that concludes a warranty contract for the apartment of this case and issues a warranty bond.

B. On July 14, 2010, where the intervenor and the defendant fail to perform the obligation to repair defects arising from the apartment of this case, the intervenor entered into each contract to pay the warranty bond within the period and amount specified in [Attachment 1] and each contract to pay the warranty bond to the insurance creditor (hereinafter “each contract to repair defects of this case”).

(1) The Defendant issued each written warranty bond from the Defendant. After the Nos. 201046796, Jul. 30, 2010 to July 29, 2011, 190,587,5482, 20046795, Jul. 30, 2010 to July 29, 2010 to 476,468,8713, 20046794, 20046794, 207.208, 205, 208, 207, 207, 208, 2017, 38, 205, 205, 207, 207, 380, 205, 207, 2010 to 38, 205, 207, 296, 2013

C. The part to be constructed by the 1st intervenor in the occurrence of defects in the apartment of this case and the construction of the apartment of this case according to the design drawing is not to be constructed.

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