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(영문) 부산지방법원 동부지원 2021.01.28 2017가합185
하자보수금등
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) KRW 1,327,945,335; and (b) from February 21, 2017 to January 28, 2021.

Reasons

1. Facts of recognition;

A. The Plaintiff is an autonomous management organization that consists of representatives of each building elected by the occupants for the management of the 7-dong 620 households of the apartment complex A in Busan-gun, Busan-gun (hereinafter “instant apartment complex”).

2) Defendant B Co., Ltd. (hereinafter “Defendant B”) is a bilateral interest contractor who constructed and sold the instant apartment building, and the name of the Defendant Housing and Urban Guarantee Corporation (hereinafter “Korea Housing and Housing Guarantee Corporation”) was changed from the name of the Defendant Housing and Urban Guarantee Corporation pursuant to Article 4 of the Addenda to the Housing and Urban Fund Act.

The term “Defendant Guarantee Corporation” (hereinafter referred to as “Defendant Guarantee Corporation”) guarantees Defendant B’s performance of the obligation to repair defects in relation to the apartment of this case.

B. On March 22, 2011, Defendant B entered into a defect repair and guarantee contract with respect to the instant apartment as indicated below (hereinafter collectively referred to as “each guarantee contract of this case”) and issued each guarantee bond from the Defendant Guarantee Corporation. The guarantee bond column for each of the above guarantee bonds is deemed to have been changed to the tenant representative meeting when the tenant representative meeting was organized.

Article 1 subparag. 5 and Article 3 of the Terms and Conditions of the Guarantee for Repair of Defects for each of the instant contracts provide that the Guarantee Corporation bears the obligation to repair the defects or to pay the cost of repair of the defects, notwithstanding the obligee’s claim for repair of the defects, where the Defendant Guarantee Corporation fails to perform the repair of the defects without justifiable grounds, despite the obligee’s failure to request the repair of the defects after the use thereof within the period of liability for repair of the defects in each of the instant contracts.

Two years from the date of the inspection of the use of 833,721,1913 E from the date of 5 years and 416,860,560,596 [the contents of the warranty contract] 2 years and 416,860,596] from the date of the inspection of the use of 83,721,1913 E from the date of 555,814,814,127 2D.

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