(영문) 서울남부지방법원 2013.10.25 2011가합6060

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(영문) 서울남부지방법원 2013.10.25 2011가합6060

하자보증금

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1. The Plaintiff:

A. As to Defendant Sejong Mine Construction Co., Ltd, the amount of KRW 781,260,00 and KRW 110,000 among them, the amount of KRW 781,260,00.

Reasons

1. Basic facts

A. The plaintiff is a party to the dispute 1) The A Apartment (9 Dong Dong 497, hereinafter referred to as "the apartment of this case") of Incheon Reinforcement-gun.

In order to manage the apartment complex, the apartment complex construction is an autonomous management body consisting of its occupants. 2) The apartment complex construction is a project undertaker who has sold the apartment complex in this case and a contractor who has constructed the apartment complex in this case, and the guarantee against the defendant is a corporation which has entered into a warranty contract for the apartment complex in this case as follows:

B. 1) On March 26, 2004, the Defendant detailed construction contract for the warranty of defects as to the instant apartment between the Defendant’s Housing Guarantee and the Defendant’s Housing Guarantee as the guaranty creditor, and the following contract for the warranty of defects with the content of the contract for the warranty of defects (hereinafter referred to as the “instant 1 through 5 guaranty contract” according to the sequences as stated below. In addition, each of the instant guarantee contracts is referred to as the “each of the instant contracts.”

(1) The term “the warranty bond” means the guarantee bond issued by the Defendant from March 22, 2004 to March 21, 2005 to the head of the Gun who has the authority to approve the repair of defects. From March 22, 2004 to March 21, 2005 to March 21, 2005, the guarantee deposit is 316,997,628 won until March 22, 2004 to March 21, 206 (2 years) 316,97,628 won until March 22, 2006 to March 21, 2006, the guarantee creditor’s warranty bond is 475,496,442 won to the date of March 22, 2004 to March 21, 207 (37,427,214,207).

3. On March 22, 2004, Defendant Sejong comprehensive Construction had undergone a pre-use inspection on the apartment of this case from the head of reinforced Gun on March 22, 2004, and thereafter, the residents occupied the apartment of this case and constituted the Plaintiff, which is an autonomous management body of the apartment of this case, the respective guarantee contracts of

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