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(영문) 의정부지방법원고양지원 2013.12.31 2011가합13869
하자보수보험금 등
Text

1. The Plaintiff:

A. Defendant Hyundai Industrial Development Co., Ltd.: (a) KRW 995,094,291; and (b) from July 26, 2013 to December 2013.

Reasons

1. The following facts do not conflict between the parties, or are found as a result of the defect appraisal of Gap evidence 1-1, Gap evidence 2, Gap evidence 3, Gap evidence 5, Gap evidence 9, and Eul evidence 9, and the whole purport of the arguments as to the appraiser of this court.

The plaintiff (the "A council of occupants' representatives" is indicated as the "council of occupants' representatives") is a non-corporate body composed of sectional owners or occupants under the Housing Act and the Enforcement Decree of the Housing Act in order to manage the A apartment 16 units, Dong 1096 units, Dong 16, Dong 1096 units (hereinafter "the apartment of this case").

B. The Defendant Hyundai Industrial Development Co., Ltd. (hereinafter “Defendant Hyundai Industrial Development”) is a business entity that newly built and sold the instant apartment, and the Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Seoul Guarantee Insurance”) is an insurance company that entered into a contract for guaranteeing the repair of defects in the instant apartment between the development of the Defendant Hyundai Industries.

B. In order to perform the obligation to deposit the warranty bond under Article 46(2) of the Housing Act on August 17, 2004 and Article 60(1) of the Enforcement Decree of the Housing Act, Defendant Hyundai Industrial Development concluded each guarantee insurance contract for the repair of defects as indicated in [Attachment 1] with the content that the Defendant Hyundai Industrial Development shall be liable to compensate for property damage suffered by the insured by failing to perform the obligation despite receiving the claim for the repair of defects that occurred during the warranty period after the inspection for the use of the apartment in this case was conducted by the Defendant Hyundai Industrial Development as the selling market between the Defendant Seoul Guarantee Insurance and the insured, and the Defendant Hyundai Industrial Development as the Seoul Guarantee Insurance Co., Ltd.

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