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(영문) 서울중앙지방법원 2016.02.04 2013가합560449
하자보수보증금 등
Text

1. Of the instant lawsuit, 151,568,282 won and damages for delay against Defendant Daelim Industry Co., Ltd. and damages for delay.

Reasons

1. Basic facts

A. The plaintiff is a party 1) The plaintiff is a 8-dong 545 apartment units on the ground of the Seo-gu Incheon, Seo-gu, Incheon (hereinafter "the apartment unit of this case").

(2) In order to manage the apartment of this case, the Defendant Daelim Industry Co., Ltd. (hereinafter referred to as the “Tlim Industry”) constructed and sold the apartment of this case, and is an executor and a contractor, and the Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter referred to as the “Seoul Guarantee Insurance”) guaranteed the obligation to repair the defects of the apartment of this case in relation to the apartment of the Defendant Daelim Industry.

B. 1) On April 25, 2005, the Defendant Daelim Industry concluded a contract for the warranty of defects that guarantees the obligation to repair the defects of the apartment of the instant apartment of the Defendant Daelim Industry with the Seoul Guarantee Insurance on April 25, 2005 (hereinafter “instant warranty contract”).

A) Upon concluding a contract, the Defendant’s Seoul Guarantee Insurance issued a warranty statement stating the contents of the contract for the repair of defects, and deposited it to the Incheon Seo-gu head, which is the authority for the inspection of the performance of the contract. If the council of occupants’ representatives or the management body is composed, the guaranty creditor was determined to be changed to the relevant council of occupants’ representatives or the management body. The warranty period of No. 1 C from April 28, 2005 to April 27, 2006, and other 1 C. 1 C. 2D from April 28, 2005 to April 27, 2005 to April 357, 2039, 115 to April 27, 2007; 205 to April 3 E 28, 2005 to April 28, 2005; 205 to April 538, 2008 to 37.45 to 275 to 275, 2075 to 274.7.2

Article 1 (Compensation for Damages) The Korean company (hereinafter referred to as the "company") shall repair or examine the defects arising within the warranty period after a policyholder as an obligor has completed a construction work or an inspection of a contract for work or a sales and purchase.

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