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(영문) 서울남부지방법원 2014.06.03 2012가합14709
양수금 등
Text

1. The Defendant’s KRW 50,523,90 for the Plaintiff and KRW 6% per annum from August 7, 2012 to June 3, 2014.

Reasons

1. Basic facts

A. The status of the parties is an autonomous management organization that consists of occupants for the management of 81 households of the 10-party 10-party Mayang-ro, Jin-si (hereinafter “instant apartment”). The defendant is a company that has concluded a contract for the repair of defects with a limited liability company which is a construction contractor of the said apartment (hereinafter “building”).

B. 1) On September 26, 2006, the Defendant entered into a contract for the repair of defects and pre-use inspection (hereinafter “the instant contract for the repair of defects”) with the guarantee creditor as the head of the Si/Gun having the Si/Gun.

(1) The Defendant entered into a guarantee agreement (hereinafter “instant guarantee agreement”) between 10561206-201-004, 4995,000 from September 29, 2006 to September 28, 2011, 20561206-201-005, 49,000, 1,0566-201-0105, 495,000 from September 29, 2006 to September 29, 2006 to September 28, 2016 (10 years) with a pre-printed text as follows:

Article 1 (Definition of Terms) The definitions of terms used in this Clause shall be 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 (Defendant) shall be listed in attached Tables 6 and 5 of the Enforcement Decree of the Housing Act.

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