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(영문) 서울남부지방법원 2013.01.22 2012가합4108
하자보수보증금
Text

1. The Defendant’s KRW 58,883,447 as well as the Plaintiff’s KRW 6% per annum from March 17, 2012 to January 22, 2013, and the following.

Reasons

Basic Facts

The plaintiff is an autonomous management body consisting of the occupants in order to manage three beauty apartments and 180 households (hereinafter referred to as "the apartment of this case") with 63-dong 180-dong-dong, Bupyeong-gu, Bupyeong-gu, Gyeonggi-do.

The Housing Construction Co., Ltd. (hereinafter referred to as the “Housing Construction Co., Ltd.”) commenced construction of the apartment of this case on Nov. 20, 2003 and sold it to occupants on May 20, 2008.

On May 15, 2008, the Defendant concluded each contract for the construction of housing and the instant apartment as indicated in the following table (hereinafter “each contract for the repair of defects”) and issued each contract for the repair of defects.

The guaranteed amount of separate guaranty number No. 1 year between May 208 and May 20, 2008, May 19, 2009 to May 20, 2009, May 19, 2009, 2202 to May 19, 2008, May 20 to 67, 770, 993, May 20, 2008, May 20 to 19, 201, May 20 to 2203, 203, May 20 to 101, 206, 4904 to 2204, May 20 to 2204, 208, May 19, 201 to 19, May 28, 2015 to 208, May 208, 2005 to 205 to 2085.

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 primary debtor fails to perform the defect repair without any justifiable reason, notwithstanding a guarantee creditor's claim for defect repair in each type of work.

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 repairing defects in the event of a guaranteed accident for defects that have occurred within the period of defect repair liability by type of work, which are defects that occur in the construction of facilities subject to defect repair as prescribed in Tables

The provisions pertaining to the contents of each guarantee agreement of this case are as follows.

The guarantee creditor of each guarantee contract was the head of Eunpyeong, but it was.

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