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(영문) 서울남부지방법원 2016.04.07 2014가합109656
하자보수보증금
Text

1. The Defendant’s KRW 443,554,319 as well as 5% per annum from October 7, 2014 to April 7, 2016 to the Plaintiff.

Reasons

Basic Facts

The plaintiff is an autonomous management body that consists of the occupants in order to manage six above 378 households of the ground A apartment on the ground (hereinafter referred to as "the apartment of this case") at the Ycheon-si.

On July 1, 2015, the name of the defendant was changed from the Korea Housing Guarantee Corporation under Article 4 of the Addenda to the Housing and Urban Fund Act.

From October 1, 2009 to September 30, 2010, Defendant 2 and Defendant 306,816,942 and 306,816,942 and 306,816,9423 and 460,225,4125,4124 and 460,25,4124, 209 to September 30, 201, and 300,000 and 460,225,4124 and 230,000,000 and 230,000,000,000 and 230,000,000 and 200,000,000 and 20,000,000 and 200,000,000 and 300,000,00.

On the other hand, the special clause of each warranty bond states that "no guarantee shall be liable for any defect that occurred prior to the warranty period, and the guarantee creditor shall be changed to the council of occupants' representatives when organizing the council of occupants' representatives under Article 60 (2) of the Enforcement Decree of the Housing Act."

The main contents of the terms and conditions of the warranty contract of this case are as follows.

Article 1 (Definitions)

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

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