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(영문) 의정부지방법원고양지원 2016.11.16 2014가합56911
하자보수보증금 청구
Text

1. The Defendant’s KRW 742,372,708 as well as 6% per annum from January 30, 2015 to November 16, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. Status 1 of the party concerned) The Plaintiff is the Ilyang-gu Seoul Metropolitan Government A apartment (hereinafter “instant apartment”).

(2) The Defendant is an autonomous management organization organized by the occupants for the management of the 17 units, 1,676 units, and their ancillary and welfare facilities. (2) The Defendant is a guarantee organization that entered into a contract for the repair of defects with respect to the instant apartment with the Newdong Construction Co., Ltd. (hereinafter “Newdong Construction”) which is a contractor of the instant apartment as described in the following sub-paragraph (b).

(B) On February 28, 2011, the Defendant and the instant apartment construction contractor entered into a warranty contract (hereinafter “instant warranty contract”) on the following grounds: (a) on July 1, 2015, the Korea Housing Guarantee Co., Ltd., under Article 4 of the Addenda to the Housing and Urban Fund Act, the name of the Defendant was changed to the name of the Defendant; (b) the Defendant’s assistant contractor entered into a warranty contract (hereinafter “instant warranty contract”) with the Defendant and the instant apartment construction as the high-sea market (where the council of occupants’ representatives is organized pursuant to Article 5 of the Guarantee Clause, the guarantee creditor is deemed to be changed to the council of occupants’ representatives).

The warranty period of the letter of guarantee (won) B from February 28, 201 to February 27, 2012, 201, the warranty period of 1,636,509,388 C on February 28, 2011 to February 28, 2011, the warranty period of which is included in the sum of the instant warranty period of 4,091,273,01,273,018,777 E on February 28, 2011 to February 27, 2015 to February 27, 2015 (hereinafter “the warranty period of this case included in the sum of the warranty period of 4,091,273,018,764,082F on February 27, 2016 to 36, 2084,75,2086-4,784,2067,2018.

Section 1. (Definitions of Terms)

4. The term “defect” means any defect according to the classification of construction works subject to repair and the scope of defects and the period of defect repair liability” in the attached Tables 6 and 7 of the Enforcement Decree of the Housing Act.

5. The term "guarantee incident" means a guarantee incident.

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