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(영문) 서울남부지방법원 2014.11.04 2013가합100782
하자보수보증금 등
Text

1. The Plaintiff:

A. Defendant Ho Ho Construction Co., Ltd.: KRW 372,97,92 and its related thereto from July 25, 2014 to November 4, 2014.

Reasons

1. Basic facts

A. The plaintiff is the party 1) The A apartment located in Namyang-si, Namyang-si (hereinafter "the apartment of this case").

(2) The Defendant Hoho Construction Co., Ltd. (hereinafter “Defendant Hoho Construction”) is a business proprietor who constructed and sold the instant apartment, and the Defendant Hoho Housing Guarantee Co., Ltd. (hereinafter “Defendant Hoho Housing Guarantee Co., Ltd.”) is a person who has concluded a warranty contract for the instant apartment as seen below with Defendant Hoho Construction.

B. On April 25, 2003, Defendant Hoho Construction entered into a warranty contract and usage inspection 1) on April 25, 2003, the appraisal result of the appraiser C is indicated as of May 16, 2003. However, the parties are not particularly dissatisfied with the Plaintiff’s assertion. As to the apartment of this case, Defendant Hoho Construction was subject to a usage inspection from the South Yangyang-ju market on November 8, 2005. (2) On November 8, 2005, Defendant Hoho Construction entered into a warranty contract (hereinafter “instant warranty contract”) with the Guarantee Department for the guaranteed amount of KRW 14,006,270, and the warranty period from November 8, 2005 to April 24, 2013, and was issued a warranty bond.

3) According to the special clause of the instant guarantee agreement, the Defendant’s housing guarantee against the Defendant for the first and second defects that have expired the warranty period is not liable for defect repair, and the Defendant’s housing guarantee against the second and second defects is deemed to have been changed to the council of occupants’ representatives when the council of occupants’ representatives of the instant apartment is constituted under Article 60(2) of the Enforcement Decree of the Housing Act. C. The Defendant’s milk construction (i) did not construct the parts to be built according to the design drawings in constructing the instant apartment, or performed defective construction or modified construction.

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