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(영문) 부산고등법원 2017.12.07 2016나52999
하자보수보증금청구
Text

1. It shall be amended by an incidental appeal to the judgment of the first instance, including a claim added at the trial as follows:

Reasons

1. Basic facts

A. The plaintiff is the party 1) The plaintiff is the party A apartment 202 household located in Busan Dong-gu B (hereinafter "the apartment of this case").

In order to manage the apartment of this case, the apartment of this case is an autonomous management organization composed of occupants under the Housing Act and the Enforcement Decree of the same Act. 2) Non-development Co., Ltd. (hereinafter referred to as the "non-development apartment of this case") newly constructed the apartment of this case as a contractor and a Korea-Japan Construction Co., Ltd. (hereinafter referred to as the "Korea-Japan Construction") as a contractor. The defendant is an insurance company which has concluded a warranty insurance contract for Han Construction and the apartment of this case.

B. On September 17, 2007, Korea-Japan Construction Insurance Contract (1) guarantees the obligation to repair defects of the apartment of Korea-Japan Construction with the Defendant on September 17, 2007 (hereinafter “instant guaranteed insurance contract”).

A) A contract was concluded by the Defendant, and the Defendant issued the performance guarantee insurance policy as indicated in the table of the details of the contract for the repair of defects. The guaranty creditor, if the council of occupants' representatives or the management body is composed, agreed that the relevant council of occupants' representatives or the management body shall be changed to the relevant council of occupants' representatives or the management body. The details of the insurance contract of the No. 1 C (Period of Warranty) insurance period (Period of Warranty) from November 1, 2007 to October 219, 2008,002 D 2D 219,894,000 on October 31, 2007 to October 31, 2009, 2003 E- 203 from October 1, 2007 to October 31, 31, 2007, 2010 to October 329, 2010 to 14, 2007

Article 1 (Compensation for Loss) our company (hereinafter referred to as "company") has received a request for repair or supplementation of any defect that has occurred within the period of warranty after a policyholder, who is an obligor, has completed a construction work or an inspection of a contract for work or a sales and purchase.

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