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(영문) 서울남부지방법원 2015.02.05 2013가합16627
하자보수보증금 등
Text

1. The Plaintiff:

A. As to the Defendant Hanyang Co., Ltd., Ltd., the amount of KRW 155,820,014 and KRW 101,00,000 among them, the amount of KRW 155,820,000 among them.

Reasons

Basic Facts

The plaintiff is an autonomous management body comprised of sectional owners in order to manage two and 155 households of Eunpyeong-gu Seoul Metropolitan Government A Apartment (hereinafter "the apartment of this case"), and the defendant Hanyang is a project proprietor who constructed and sold the apartment of this case jointly with the non-party B Housing Reconstruction and Improvement Project Association (hereinafter "the association of this case"), and is a Si construction project.

The defendant's housing guarantee is a company that guarantees the obligation to repair defects in the apartment of this case by Hanyang.

On August 10, 2006, the defendant Hanyang and the guarantee creditor are the Administrator of Eunpyeong-gu and entered into each warranty insurance contract (hereinafter referred to as "each warranty insurance contract of this case") as shown below, with each warranty insurance contract of this case as shown below (hereinafter referred to as "each warranty insurance contract of this case").

[Attachment 1] (Unit 1) The guarantee guarantee amount from August 10, 2006 to August 9, 2007 (1 year) 151,800,000 from August 10, 2006 to August 9, 2007 to August 9, 2006 to 151,800,000 from August 9, 2008 to August 2008 to 227,700,000 from August 10, 2006 to August 9, 2000 to August 10, 200 to August 9, 200, the council of occupants' representatives changed to the guarantee policy from August 10, 200 to 113,850,00 to August 9, 201 (2005) of the Enforcement Decree of the Housing Act to the guarantee policy of this case (the council of occupants' representatives).

Among the terms and conditions of each of the above contracts, the main contents of this case are as follows.

(hereinafter referred to as “guaranteed Company”) . Article 1 (Definition of Terms)

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 justifiable reasons, notwithstanding a guarantee creditor's claim for defect repair in each type of work.

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