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(영문) 서울고등법원 2015.01.06 2013나2003130
하자보수금
Text

1. The part against the defendant in the judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 45,548,643.

Reasons

1. Basic facts

A. The status of the parties is an autonomous management organization established to manage 160 households of Gangseo-gu, Gangseo-gu, Seoul Metropolitan Government (hereinafter referred to as the “instant apartment”), which is located in Gangseo-gu, 659-1, and the Korean Joint Defendant Central Defendant of the first instance trial (hereinafter referred to as the “instant association”) constructed and sold the instant apartment, and the Defendant is a project proprietor who constructed and sold the instant apartment, and the Defendant is a drid Construction Co., Ltd. (hereinafter referred to as the “drid Construction”) that constructed the instant apartment upon being awarded a contract for the construction of the instant apartment from the instant association.

It is a company that has entered into a warranty contract on the defect repair obligation of the apartment of this case, as described in the paragraph.

B. 1) On March 16, 2006, the Defendant entered into a contract for the warranty of defects with the head of Gangseo-gu, which is the authority for the inspection of defects, with the guarantee creditor as to the apartment of this case as to the head of Gangseo-gu, which is the authority for the inspection of defects, as indicated below (the detailed statement of the contract for the warranty of defects). The Defendant entered into a contract for the warranty of defects (hereinafter “the first and second guaranty contract

(1) Article 12 of the Housing Act (amended by Act No. 113,406,462 of March 30, 2006 to March 29, 2011 (five years) No. 113,406,462 of KRW 112206-206-201-001305, March 30, 2006 to March 29, 201 (113,406 to 106,462 won in total, 226,812,924 won in accordance with the terms and conditions attached thereto) of the warranty period No. 113,406,462 of the warranty period set forth in the warranty period No. 1226,812,924 won in the warranty period) of this case is set out in the warranty agreement as follows.

Article 1 (Definitions of Terms)

4. The term "defect" means the classification of facilities subject to defect repair 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. “Guarantee Accident”.

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