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(영문) 서울중앙지방법원 2016.07.15 2015가단5191111
하자보수보증금 청구의 소
Text

1. The Defendant’s KRW 86,757,696 for the Plaintiff and KRW 5% per annum from April 13, 2016 to July 15, 2016.

Reasons

1. The following facts do not conflict between the parties or may be acknowledged in full view of the following facts: Gap evidence No. 1, Eul evidence No. 2, Eul evidence No. 1, Eul evidence No. 1, and the result of the appraiser A's appraisal of defects; and the purport of the whole pleadings against Gap of this court.

The plaintiff is an autonomous management organization composed of occupants to manage the 352 generation of the luminous non-permanent apartment located in 40 (Jinyang-si, Jinyang-si, Jinyang-si (hereinafter “the apartment of this case”).

D. The Defendant (hereinafter “Defendant”) (it was changed from Korea Housing Guarantee Co., Ltd. to the trade name as of July 2015, 2015; hereinafter “Defendant”) is a juristic person that guarantees the repair of the defects in the apartment of this case of the non-party company.

B. (i) On June 28, 2005, the Defendant entered into a contract for the repair of defects and completed the apartment of this case with the non-party company as a guarantee creditor into a contract for the repair of defects for the new construction of the apartment of this case (hereinafter “each guarantee contract of this case”) with the non-party company as the mining market in Jeonnam-do, and issued the warranty bond.

[Attachment 1] From June 30, 2005 to June 16, 2010 to June 29, 2010, KRW 20561205-2005-201-004705, June 30, 2005 to June 163, 2015 to June 29, 2015, Article 1 subparagraph 5 of the Guarantee Contract Clause of this case's Guarantee Contract of this case's Guarantee Contract of "Guarantee Accident" is a defect that occurred in the construction of facilities subject to defect repair as stipulated in Tables 6 and 7 of the Enforcement Decree of the Housing Act, and Article 3 of the Guarantee Contract of this case's Guarantee Contract of this case's Guarantee Contract of this case's Guarantee Contract of this case is "I, notwithstanding a request for defect repair by each type of work, do not perform a defect repair without any justifiable reason."

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