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(영문) 서울남부지방법원 2014.05.13 2013가합7401
하자보수보증금
Text

1. The Defendant’s KRW 69,552,70 for the Plaintiff and 6% per annum from May 8, 2013 to May 13, 2014.

Reasons

1. Basic facts

A. The Plaintiff is an autonomous management organization that consists of occupants for the management of four 180 dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong 110 (hereinafter “instant apartment”).

Serial No. 1 No. 0122206-201-002401 May 1, 2006 - April 20, 2007, No. 22206-206-201-002402, 228,802, 2006 May 1, 2006 - Articles 01222206-203, 006-201-002403, 343, 203, 203, 2030, May 1, 2009 -6:

On April 27, 2006, Nonparty Co., Ltd., Ltd., which constructed and sold the apartment of this case (hereinafter referred to as “Setype construction”) concluded a contract for warranty of defects and was issued a warranty certificate as shown below with the Defendant on April 27, 2006.

(hereinafter referred to as “instant guarantee agreement”). Article 1 (Definition of Terms) The definitions of terms used in this Agreement are as follows:

4. “Defect” means a defect according to the “the classification of construction works subject to repair of defects and the scope of defect and the period of defect liability” in attached Tables 6 and 7 of the Enforcement Decree of the Housing Act.

5. The term "guarantee accident" means a defect that occurs in a facility subject to defect repair as prescribed in attached Tables 6 and 7 of the Enforcement Decree of the Housing Act, which occurs within the period of defect repair liability for each type of work, and the principal debtor fails to perform a defect repair without justifiable grounds, notwithstanding a guarantee creditor's claim for defect repair.

Article 3 (Contents of Guarantee Obligation) The Guarantee Company (referring to the defendant) shall perform the defect repair or bear the cost of defect repair when a guaranteed accident has occurred in the construction of facilities subject to defect repair as prescribed in attached Tables 6 and 7 of the Enforcement Decree of the Housing Act, which has occurred within the period of defect repair liability by type of work.

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