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(영문) 서울남부지방법원 2015.07.10 2015고합29
배임수재
Text

Defendant

B A fine of fine of KRW 7,00,000, Defendant C shall be punished by imprisonment for one year and six months, and Defendant D shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[The background of the instant crime] The Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee Co., Ltd.”) guaranteed the obligation to repair defects after receiving 3% of the construction cost from the housing construction company, such as apartment buildings, etc. (hereinafter “Korea Housing Guarantee Co., Ltd.”) and guaranteeing the obligation to repair defects. In the case of apartment buildings, etc. where the construction company is unable to be responsible for the defect repair due to the failure, closure, operation, etc. of the apartment in which defects occurred, it shall be a public corporation performing the obligation to repair defects; and the apartment construction company shall submit a guarantee certificate issued by the Korea Housing Guarantee Agency

The Korea Housing Guarantee shall select the defect repair business entity (tender method) by directly attaching a bid, or pay (cash payment method) cash for the use of defect repair to the council of occupants' representatives in the apartment complex.

The basis of the implementation method of guarantee is the Korea Housing Guarantee Act, and the bid method and the cash payment method are decided according to the choice of the apartment council of occupants' representatives.

The repayment guarantee is the standard amount of cash (payment method) or bid price (tender method) paid to the council of occupants' representatives in the apartment house guarantee to determine the existence and degree of defects when requested by the council of occupants' representatives, after investigating the site and preparing a report on the results of defects in order to select the cost company and select the cost company to calculate the basic amount necessary for the repair according to the degree of defects.

in the process, the apartment market corporation may raise an objection against the result of the defect inspection of the apartment house guarantee.

The repayment guarantee is to exercise the right to indemnity against the apartment construction after cash repayment to the council of occupants' representatives, and it is to raise an objection against the result of the defect inspection by the contractor.

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