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(영문) 부산고등법원 2018.09.19 2017나57045 (1)
손해배상(기)
Text

1. Of the judgment of the first instance court, the part against the Defendants in excess of the following amount ordered to be paid shall be revoked, respectively.

Reasons

1. Basic facts

A. The Plaintiff is an organization composed of representatives from each Dong for the management of 12 A apartment units, Dong 1292 units (hereinafter “instant apartment units”). Defendant B Co., Ltd. (R: hereinafter “Defendant B”) newly built and sold the instant apartment units, and the Defendant’s Intervenor is the contractor of the instant apartment units.

B. On November 22, 2013, the Intervenor joining the Defendant entered into a contract for the repair of defects, as described below, with the Defendant Housing and Urban Guarantee Corporation (trade name before the change on July 1, 2015: Korea Housing Guarantee Company; hereinafter “Defendant Housing and Urban Guarantee Corporation”) and ① The guaranty creditor, with the Yangsan City Mayor, and ② the principal debtor entered into a contract for the repair of defects as described below, as the Defendant joining the Defendant

(hereinafter “this case’s guarantee contract”). The guarantee period of No. 1 975,742, 194 from the date of 2 F usage inspection for the second year from the date of 3 G usage inspection for the second year from the date of 3 G usage inspection for the second year from the date of 1,463, 613, 294 731,806, 645 731,806, 645 from the date of 4 G usage inspection for the third year from the date of 5 I 5th year from the date of 10 years from the date of 731,806, 645 5 I 5th year from the date of 10 years from the date of 10

C. The terms and conditions of the instant guarantee agreement are as follows (hereinafter “instant terms and conditions”), and the guarantee creditor of the instant guarantee agreement was changed to the Plaintiff pursuant to Article 5 of the instant terms and conditions.

Article 1 (Definition of Terms) The definitions of terms used in this Clause shall be as follows:

1. “Guarantee Company” means the Korea Housing Guarantee Company;

2. The term “principal debtor” means the principal debtor as stated in the letter of guarantee as the project undertaker or executor;

4. The term “defect” means any defect according to the classification of construction works subject to repair and the scope of defects and the period of defect repair liability” in the attached Tables 6 and 7 of the Enforcement Decree of the Housing Act.

5. The term “guarantee accident” means a guarantee accident as prescribed in the attached Tables 6 and 7 of the Enforcement Decree of the Housing Act.

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