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(영문) 서울남부지방법원 2013.01.22 2011가합23263
하자보수금
Text

1. The Plaintiff:

A. Defendant Central.Modon. In the case of the Korea-style Rebuilding Housing Association, KRW 127,264,719 and its 86,358 among them.

Reasons

Basic Facts

The Plaintiff’s status as the parties is an autonomous management body organized to manage 160 households of Gangseo-gu, Gangseo-gu, Seoul Metropolitan Government (hereinafter “the apartment of this case”), and the Defendant Central. Mymuk-gu Housing Association (hereinafter “Defendant Association”) constructed and sold the apartment of this case, and the Defendant Korea Housing Guarantee Co., Ltd. (hereinafter “Defendant Association”) entered into a warranty contract for the repair of defects of the apartment of this case with the Defendant Association as follows.

On March 16, 2006, the guarantee against the defendant who entered into a contract for the repair of defects is the head of Gangseo-gu who is the authority for the inspection of the inspection of the defect liability (hereinafter referred to as "the first or second guarantee contract of this case" in the order of the following (hereinafter referred to as "the details of the contract for the repair of defects"), and all of them are referred to as "each guarantee contract of this case").

[Attachment Table of Contract for Repair of Defects] Serial Guarantee Period No. 101222206-201-001304 of March 30, 2006 to March 29, 2011 (5 years) No. 113,406,462 won 20122206-206-201-001305 of March 30, 2006 to March 29, 2016, each of the instant guarantee contracts of this case stated that "a guarantee under the Housing Act shall be guaranteed in accordance with the terms and conditions attached thereto" and each of the guarantee contracts of this case of this case of KRW 226,812,924 as follows:

Article 1 (Definitions of Terms)

4. The term "defect" means the classification of facilities subject to defect repair and the scope of defects and the period of defect repair liability under the attached Tables 6 and 7 of the Enforcement Decree of the Housing Act.

5. The term "guarantee accident" is set out in Tables 6 and 7 of the Enforcement Decree of the Housing Act.

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