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(영문) 부산지방법원 2019.01.09 2017가합50283
하자보수보증금 등
Text

1. The plaintiff's lawsuit against the defendant B is dismissed.

2. The Plaintiff:

A. Defendant D Co., Ltd. shall be 138,227.

Reasons

1. Facts of recognition;

A. Status 1 of the parties concerned ) The plaintiff is a A apartment in Geumcheon-gu, Busan (hereinafter "the apartment of this case").

(2) The Defendant D Co., Ltd. (hereinafter “Defendant D”) is a company that constructed and sold the instant apartment, and the Defendant B Co., Ltd. (hereinafter “Defendant B”) was a company that executed the instant new apartment construction by being awarded a contract with Defendant D, and the Defendant C Co., Ltd (hereinafter “Defendant C”) concluded a warranty contract for the instant apartment for Defendant B.

B. Each of the instant apartment buildings, upon which the sales contract was concluded, was sold in lots around November 2015.

C. (1) On December 15, 2015, Defendant B and the Defendant B guaranteed the Defendant B’s obligation to repair defects regarding the instant apartment within the scope of the amount indicated in the items of each “guarantee Amount” as listed below with respect to each of the instant apartment units by having the head of the Geum-gu Busan Metropolitan Government as the guarantee creditor, and the Defendant C Union as the guarantee creditor, as to each of the instant apartment units, as indicated in the following table (hereinafter collectively referred to as “each of the instant warranty contracts”).

(1) The term “assumptive security deposit” means the guarantee period of F 12,834,228 won from December 18, 2015 to December 17, 2025 (10 years) and the term “assumptive security deposit” means the term “assumptive security deposit of 22,834,228 won from December 18, 2015 to December 17, 2015 (5 years) and the term “assumptive security deposit of 22,834,228 won from December 17, 2015 to December 17, 2015; and the term “assumive security deposit of 22,834,228 won from December 18, 2015 to December 25, 2015 (4 years); and the term “assumive security deposit of this case” means the change of the term “assumive security deposit of 25,2017.

The apartment of this case 1 is in accordance with the design drawing.

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