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(영문) 부산지방법원 2017.07.19 2016가합42025
하자보수 보증금등 청구
Text

1. Defendant B and Defendant C jointly share the Plaintiff KRW 439,532,516 and KRW 300,000,000 among them.

Reasons

Basic Facts

The plaintiff is an autonomous management organization organized by the occupants in order to manage the four A Apartment-dong 256 households and ancillary facilities (hereinafter referred to as the “instant apartment”).

Defendant B is a project proprietor and implementer who constructed and sold the instant apartment under the name of Defendant B, and Defendant C Co., Ltd. (hereinafter “Defendant C”) is a new construction contractor that newly built the instant apartment after being awarded a contract with Defendant B for the construction of the instant apartment.

The Defendant Housing and Urban Guarantee Corporation (the name was changed from the Korea Housing and Housing Guarantee Corporation; hereinafter referred to as the “Defendant Guarantee Corporation”) guaranteed Defendant C’s obligation to repair the defects of the instant apartment.

The warranty contract is concluded between March 10, 2012. to March 10, 2012. to March 9, 2013, to KRW 198,031,750 2 F from March 10, 2012 to March 9, 2014, to KRW 198,031,750 G G 303 from March 10, 2012 to March 9, 2014, to KRW 297,047,6254 HH 4 from March 3, 2015, to KRW 198,523,81, and 750 from each of the instant warranty contracts issued by Defendant 205 to April 31, 208, respectively.

The main terms and conditions of each guarantee agreement of this case are as follows.

Article 4 (Defects Not Subject to Guarantee) The Guarantee Company (Defendant Guarantee Corporation) shall not perform the guaranteed obligation in respect of any of the following defects:

2. Any defect that a guarantee creditor has neglected the duty of due care of a good manager with respect to the joint ownership part of multi-family housing and the maintenance, repair

4. The portion constructed or not constructed differently from the design drawing, design defect, housing construction standard, etc., the error in the Building Act, and the approval for provisional use.

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