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(영문) 수원지방법원 2018.03.29 2016가합78000
하자보증금
Text

1. The Defendant’s KRW 853,198,845 among the Plaintiff and KRW 800,000 among them, shall be KRW 53,198,845 from August 20, 2016 to KRW 53,198,845.

Reasons

1. Basic facts

A. The Plaintiff is an autonomous management body organized by occupants to manage the 62-28 above ground ground-based 554 households and ancillary facilities (hereinafter “instant apartment”). The Defendant entered into a contract for warranty of defects with the non-party-party corporation, the contractor of the instant apartment (hereinafter “non-party-party corporation”) (hereinafter “non-party-party corporation”) on October 28, 2014, which is the contractor of the instant apartment.

B. On September 7, 2010, the Defendant entered into a guarantee agreement and used inspection 1) with the non-party company as the guarantee creditor to guarantee the non-party company’s obligation to repair the defects relating to the apartment of this case (hereinafter “the instant guarantee agreement”).

The following specifications were concluded, and each of the following specifications was issued. Each of the above warranty contracts stated as follows: “When the council of occupants’ representatives is organized pursuant to Article 5 of the Guarantee Terms and Conditions, the guaranty creditor shall be deemed to have changed to the council of occupants’ representatives.” [the table] The warranty number No. 121201-201-0080801 September 30, 2010, 897, 852, 786 20120-2010-201209-208. 209. 308. 208. 205. 208. 97. 30. 205. 208. 208. 9. 30. 205. 30. 205. 208. 30. 205. 297, 2012; 301- 201- 20108. 39.

Article 1 of the Terms and Conditions for Repair of Defects (Definition of Terms and Conditions) The definitions of terms used in this Clause shall be as follows:

5. The term "guarantee accident" means a defect that occurs in a facility subject to defect repair as prescribed in the attached Tables 6 and 7 of the Enforcement Decree of the Housing Act and that occurs within the defect repair liability period for each type of work.

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