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(영문) 서울중앙지방법원 2020.10.23 2018가합554470
하자보수금 등 청구의 소
Text

1. The Plaintiff:

A. Defendant B and C jointly share 1,137,586,935 won and 16,916,739 won among them.

Reasons

1. Basic facts

A. The Plaintiff is a party 1) The A apartment located in Suwon-si, Suwon-si D (hereinafter “instant apartment”).

(2) The Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company that sold the instant apartment. The five generations are the autonomous management organization organized by the occupants of 569 households.

3) Defendant C Co., Ltd. (hereinafter “Defendant C”).

(1) The construction of the instant apartment from Defendant B (hereinafter “instant construction”).

Defendant Housing and Urban Guarantee Corporation (hereinafter referred to as “Defendant Corporation”) is a contractor awarded a contract.

(B) The Defendant C guaranteed the obligation to repair the defects of the instant apartment complex. B. From the date of the order of the instant contract for the repair of defects, Defendant C concluded the respective contract for the repair of defects (hereinafter “instant warranty warranty contract”) with respect to the instant apartment complex between the Defendant and the Corporation on February 6, 2014, on two years and 488,96,96, 415 391, 197, 132 4 years and 293,397, 849, 293, 397, 397, 849, 293, 397, 849, 297, 8491 from the date of the inspection of the usage on May 29, 2014.

Since then, as the council of occupants' representatives of the apartment of this case constituted, the guarantee creditor of the contract of this case was automatically succeeded to the plaintiff.

2) Article 1 (Definition of Terms and Conditions for Repair of Defects) related to this case among the terms and conditions of the instant contract for Repair of Defects

3. 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.

4. The term “defect” means the attached Tables 6 and 7 of the Enforcement Decree of the Housing Act.

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