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(영문) 서울중앙지방법원 2016.09.22 2014가합553035
하자보수보증금 등 청구의 소
Text

1. The Plaintiff:

A. Defendant Vietnam Korea Co., Ltd. shall have respect to KRW 831,230,705 and KRW 101,000,000 among them.

Reasons

1. Basic facts

A. The Plaintiff is comprised of A’s main complex building in Ulsan-gu, Ulsan-gu (a apartment 278 households, officetels 52 households, and commercial building 11 households).

hereinafter referred to as “instant building”

(2) In order to manage the building of this case, Defendant Vietnam Co., Ltd. (hereinafter “Venish Korea”) is a project proprietor who constructed and sold the building of this case, and Defendant Bansan Construction Co., Ltd. (hereinafter “Defendant Bansan Construction”) is a construction company that newly built the building of this case by contract with Defendant Ban Korea.

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's Housing City Guarantee" regardless of whether it is before or after the change in the name.

(B) Around March 8, 2010, Defendant 2-san Construction guaranteed the obligation to repair the defects of the instant building. (b) Around March 8, 2010, Defendant 2-san Construction entered into a contract to guarantee the obligation to repair the defects of the instant building between Defendant 2-san Construction and the guarantee for the city of housing (hereinafter “the instant guarantee contract”) and deposit each of the defect warranty certificates with the head of Ulsan-san Metropolitan City under the authority to conduct the inspection for the inspection of the defect warranty as stated in the following table. Each of the above guarantees stated as follows: “The guarantee obligation shall not be borne for 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] Details of the issuance of a warranty of defects: C 286,092, 436 February 26, 201 to 25 February 25, 2011 (1 year) 1 C 286, the warranty period of the warranty No. 1 C286,092,436.

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