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1. The Defendant’s KRW 100,836,948 for the Plaintiff and KRW 6% per annum from October 15, 2016 to December 13, 2017.
Reasons
1. Basic facts
A. Party 1) The Plaintiff is the Seogu Seogu-gu and the Simna Forest Apartment apartment located in the 67 (Yongdong-dong) Seogdong-ro, Seogdong-gu (hereinafter “instant apartment”).
(2) In order to manage 172 households, the Defendant (Korea Housing Guarantee Co., Ltd. under Article 4 of the Addenda to the Housing and Urban Fund Act changed the name to the Korea Housing Guarantee Corporation; hereinafter “Defendant”) is a company that entered into a warranty contract for the instant apartment with the Korea Housing Construction Co., Ltd. (hereinafter “Korea Forest Construction”) that constructed the instant apartment.
B. 1) On October 29, 2008, a contract for the warranty of defects that guarantees the obligation to repair defects for the instant apartment complex of the forest construction with the Defendant for the warranty of defects (hereinafter “instant warranty contract”).
A) Along with the Defendant’s conclusion of the contract for the repair of defects, the Defendant issued a performance guarantee with the same content as the performance guarantee on the following (the performance guarantee on the primary or three-year defects omitted). In the event that the council of occupants’ representatives or the management body is organized, the guarantee creditor shall be deemed to be changed to the council of occupants’ representatives or the management body. From October 29, 2008 to October 116, 2013 to 20231208-201-00205 on the details of the contract for the repair of defects, the guarantee creditor was changed to the relevant council of occupants’ representatives’ representatives’ representatives or the management body. From October 16, 2018 to October 29, 2013, the Plaintiff was changed to the pertinent autonomous management body from October 29, 2018, and the Plaintiff had the approval for the use of the relevant apartment units from October 26, 2008 to October 26, 2018.
(c)the occurrence of defects; and