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(영문) 서울중앙지방법원 2017.02.09 2013가합69373
하자보수보증금 등
Text

1. The Plaintiff:

A. Defendant D.C. Co., Ltd.: KRW 2,667,620,489 and KRW 101,000,000 among them.

Reasons

1. Basic facts

A. The plaintiff is the party. 1) The plaintiff is the defendant's 18-dong 1975-dong 18-dong, Yongsan-gu, Yongsan-gu (hereinafter "the apartment of this case").

(2) In order to manage the apartment of this case, Defendant D. S.C. Co., Ltd. (hereinafter “Defendant D.”) is a project proprietor who constructed and sold the apartment of this case, and Defendant A.S. Construction Co., Ltd. (hereinafter “Defendant A.C. Construction”) is a construction company that newly built the apartment of this case upon receiving a contract from Defendant C. for the construction of the apartment of this case.

3) The name of the Korea Housing and Urban Guarantee Corporation (Korea Housing and Urban Guarantee Corporation pursuant to Article 4 of the Addenda to the Housing and Urban Fund Act) was changed to the Korea Housing and Urban Guarantee Corporation.

“Defendant Corporation” regardless of whether it was before or after the change in name.

(B) Around October 6, 2010, Defendant AS Construction guaranteed the obligation to repair the defects related to the instant apartment complex of this case. B. Around October 6, 2010, Defendant ASS Construction entered into a contract to guarantee the obligation to repair the defects related to the instant apartment complex of Defendant AS Construction (hereinafter “instant guarantee contract”) with Defendant AS Construction, and deposit each of the defect repair obligations stated in the following table with Defendant AS Construction’s authority for inspection. Each of the above guarantees stated as follows: “A guarantee obligation shall not be imposed on the defects that occurred before the guarantee period, and the guarantee creditor shall be changed to the said council of occupants’ representatives when organizing the council of occupants’ representatives under Article 60(2) of the Enforcement Decree of the Housing Act.”

[Dissenting] The guarantee number No. 1 B B 2,046,41,096 from September 24, 201 to September 23, 2011 (1 year) 2 C 5,116,027,7410 to September 23, 2012 (2 years) 3 D 4,092,822,193 from September 24, 2012 to September 23, 2012 (2 years) 3 D 4,092,82,193 from September 24, 2010 to September 23, 2012.

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