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(영문) 서울중앙지방법원 2018.03.14 2016가합29857
보증금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The status of the parties is the autonomous management body that is composed of the occupants in order to manage the A apartment 9 Dong 499 units (hereinafter “the apartment of this case”). The defendant is the guarantor of the defect repair obligation that entered into a defect repair contract with C Co., Ltd. (hereinafter “C”) which is the contractor of the new construction of the apartment of this case with respect to the defect repair obligation of this case.

B. On September 14, 2005, the Defendant’s warranty liability contract (hereinafter “instant warranty contract”) provides that the Defendant shall either perform the repair of defects or pay the expenses for the repair of defects to the guaranty creditor if C fails to perform the repair claim without justifiable grounds even after receiving a claim for the repair of defects arising within the warranty period after having undergone the inspection on the use of new construction of the instant apartment after having undergone the inspection on the use of the new construction of the instant apartment with respect to the instant apartment (hereinafter “instant warranty contract”).

A) Around October 8, 2005 to October 7, 2015 to October 2015, 206, bearing walls 206,532,00 won from October 8, 2005 to October 7, 2015 to October 7, 2000, the Defendant newly constructed the instant apartment market at KRW 306,532,000 from October 7, 2010 to October 7, 2010 to KRW 306,50 from October 8, 2005 to KRW 30,00 from around October 8, 2005 to KRW 413,064,064,00,00 from KRW 7,50 to KRW 36,75,20,00,00 from the Plaintiff’s residents of the instant apartment market (the instant apartment market at KRW 65,75,75,205,75,75,75,75,75, etc.).

(c)a defect;

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