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(영문) 서울중앙지방법원 2012.11.28 2009가합148286
하자보수보증금 등
Text

1. The Plaintiff:

A. The Defendant Incorporated Co., Ltd.: KRW 53,968,416 and its related thereto, from October 13, 201 to November 28, 2012.

Reasons

1. Basic facts

A. Party 1) The Plaintiff is the Seocho-gu Seoul Seocho-dong 1542-1, Seocho-gu, Seocho-gu, Seoul. The Plaintiff is the Seocho-gu, Seocho-gu, 1542-1 (hereinafter “instant building”).

(2) In order to manage the building of this case, the same soil (hereinafter “Defendant same soil”) is a project undertaker who constructed and sold the building of this case, and the Defendant Korea Housing Guarantee Co., Ltd. (hereinafter “Defendant Housing Guarantee”) is a company which entered into a warranty contract for the building of this case with Defendant same soil as follows.

B. 1) On October 11, 2006, the Defendant’s same subject-matter is the Defendant’s housing guarantee and guarantee creditor, the head of Seocho-gu Seoul Metropolitan Government Office, the principal debtor (project executor), and the Defendant’s subject-matter as indicated below (hereinafter “each guarantee contract of this case”).

(3) Around October 1, 2006, the term of the insurance coverage period: (a) from October 20, 2006 to October 20, 2007; (b) from October 20, 2006 to October 39, 409, and 346, October 206 to October 39, 2008; and (c) from October 20, 2006 to October 39, 3463, 2006 to October 19, 2009; and (d) from October 20, 2006 to October 59, 114, 2019 to October 29, 2006 to October 29, 2011; and (e) from October 20, 201 to October 19, 2015 to October 19, 2015.

Article 1 of the Terms and Conditions for Repair of Defects (Definition of Terms and Conditions) The definitions of terms used in this Clause shall be as follows:

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

3. The term "guarantee Creditor" means the authority for usage inspection or the council of occupants' representatives stated in the letter of guarantee.

5. The term "guarantee accident" means a defect that occurred in a facility subject to defect repair as prescribed in the Enforcement Decree of the Housing Act [Attachment 6] and [Attachment 7], and that occurs within the defect repair liability period for each type of work, notwithstanding a guarantee creditor's claim for defect repair.

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