(영문) 부산지방법원 2017.05.17 2015가합43168

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(영문) 부산지방법원 2017.05.17 2015가합43168

손해배상(기)

Text

1. Of the instant lawsuit, the part of the conjunctive claim against Defendant B is dismissed.

2. Defendant.

Reasons

1. Basic facts

A. Status 1 of the parties ) The plaintiff is the Seo-gu 201 household in Busan, Seo-gu (hereinafter "the apartment of this case").

(2) In order to manage the apartment of this case, Nonparty C Co., Ltd. (hereinafter “C”) was the owner and executor of the apartment of this case and constructed the apartment of this case as the contractor of the apartment of this case. The Defendant Construction Mutual Aid Association concluded a warranty contract with Defendant B for the repair of the apartment of this case.

B. 1) On March 12, 2003, Defendant B guaranteed the obligation to repair the defects of the instant apartment complex between Defendant Construction Mutual Aid Association and Defendant Construction Mutual Aid Association (hereinafter “instant guarantee contract”) (hereinafter “instant guarantee contract”).

A) The Defendant Construction Mutual Aid Association entered into a contract for the repair of defects, and issued the following [Attachment 1] A detailed statement on the details of the contract for the repair of defects from the Defendant Construction Mutual Aid Association. [Attachment 1] D 1D on April 20, 205 from April 19, 2015 to April 129, 211, 290 from April 20, 2005 to April 129, 2010 to April 19, 2010 to April 129, 211, 290 to May 3, 2005 to April 20, 2005 to April 19, 2005 to April 25, 19, 2008 to April 258, 2005 to April 25, 207, 2005 to April 25, 2017; and

) The contractor (hereinafter referred to as the “debtor”) shall:

(ii) fails to comply with a request for performance of repair of defects arising from design documents at the time of completion of the inspection for the use (construction works) within the warranty period after the pre-use inspection or examination of front description works, etc. (hereinafter referred to as “guarantee accident”).

(1) the other party (hereinafter referred to as “guaranteeing creditor”)

The obligations to be borne by the Corporation shall be paid in accordance with the terms and conditions of this guarantee.

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