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(영문) 서울중앙지방법원 2021.02.05 2019가합589183
하자보수보증금 청구의 소
Text

1. The defendant shall pay to the plaintiff KRW 209,921,409 and KRW 200,000 among them, from January 4, 2020, KRW 9,921,309.

Reasons

1. Basic facts

A. 1) The Plaintiff is an autonomous management organization organized by the occupants of the 414-dong-si apartment complex A (hereinafter “instant apartment”) in Ansan-si (hereinafter “instant apartment”).

2) C Co., Ltd. (hereinafter “C”) is a contractor awarded a contract for the new construction of the instant apartment, and the Defendant is a company that guaranteed C’s duty to repair defects regarding the instant apartment.

B. On December 2, 2013, the Defendant entered into a warranty contract for repair of defective defects between five years and ten years for the instant apartment complex (hereinafter “instant warranty contract”) with C, and designated the obligee as Adong-dong-si with respect to each of the following items:

Since then, as the representative meeting of occupants of the apartment of this case was organized, the status of the obligee of the warranty of the defect repair guarantee contract of this case was automatically succeeded to the plaintiff.

Article 1 (Liability Guarantee) B (hereinafter referred to as the "Association") related to this case among the terms and conditions of the warranty contract of this case, which are the contents of the warranty contract of this case from December 14, 2013 to December 13, 2018, D 1D 1 D 206,383,500 E 2 E on December 14, 2013 to December 13, 2013, or 206,383,500 from December 13, 2023 to December 13, 2023) the contractor (hereinafter referred to as the "debtor") has received the inspection or examination of the use of works, etc. on the front side, and has received the request for the performance of the construction works on the basis of books at the time of completion of inspection (hereinafter referred to as the "contractor") within the warranty period, and has not paid the warranty bond to the relevant obligee (hereinafter referred to as the "party to the warranty") or the relevant obligee.

Article 2 (Grounds for Non-performance of Guarantee Obligations) Partnership shall pay a security deposit in any of the following cases:

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