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(영문) 부산지방법원동부지원 2020.06.11 2017가합105851
하자보수금 등
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) KRW 419,729,513 and its therefrom from November 1, 2017 to June 11, 2020.

Reasons

1. Facts of recognition;

A. The plaintiff is a party to the dispute 1) The plaintiff is a A apartment in the Hanam-gun Hanam-gun C (hereinafter referred to as the "the apartment of this case").

(2) For the management of 245 households, Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company that newly built and sold the instant apartment, and the name was changed from the Korea Housing and Urban Guarantee Corporation (hereinafter “Korea Housing and Urban Fund”) under Article 4 of the Addenda to the Housing and Urban Fund Act, the Defendant Korea Housing and Urban Guarantee Corporation (hereinafter “Defendant Guarantee Corporation”) guarantees the performance of the obligation to repair the defects of the instant apartment.

B. 1) D Co., Ltd. (hereinafter collectively referred to as “each of the instant contracts”) with respect to the instant apartment on September 14, 2012 with the Defendant Guarantee Corporation and the guaranty creditor as the head of the Gun, as indicated below, as to the instant apartment, as to each of the instant contracts for defect repair (hereinafter collectively referred to as “each of the instant contracts”).

A) A) The Defendant Guarantee Corporation concluded a warranty bond and received each warranty bond from the Defendant Guarantee Corporation. The guaranty creditor column of the respective warranty bond stated as “if the council of occupants’ representatives has been organized, the guaranty creditor shall be deemed to have changed to the council of occupants’ representatives.” The standardized contract of each of the instant respective warranty contracts of this case stipulates that the Defendant Guarantee Corporation is liable to pay the repair cost if the principal debtor fails to perform the repair without justifiable grounds, notwithstanding the guaranty creditor’s claim for the repair of defects after the inspection occurred within the period of defect repair liability for each type of work. The warranty bond of the warranty number (the warranty bond of this case shall be 1 year and 86,739,891, 891, 216, 849, 7273 years and 173 years from the date of the pre-use inspection from the date of the first pre-use inspection, 4 years and 173, 479, 7824 H from the date of the pre-use inspection.

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