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1. The Defendant’s KRW 52,608,089 as well as the Plaintiff’s KRW 6% per annum from December 21, 2018 to September 16, 2020.
Reasons
1. Basic facts
A. The Plaintiff is an autonomous management body that consists of occupants for the management of the Jung-gu Seoul Metropolitan Government A Apartment (4 Dong Dong 141 households, hereinafter “instant apartment”).
B. On March 3, 2009, the Defendant entered into each contract for the repair of defects (hereinafter “each guarantee contract of this case”) with the Si Corporation B Co., Ltd. (hereinafter “B”) on the apartment of this case, setting the principal debtor B as the principal debtor, and the guaranty creditor as the head of Jung-gu Office, and issued each contract for the repair of defects (hereinafter “each guarantee contract of this case”).
[Attachment 1] The warranty period of 149,066,658 from March 19, 2009 to March 18, 2010 (1 year) 2149,06,658 from March 19, 201 to March 18, 2011 (2 years) 323,59,99,987 from March 19, 2009 to March 18, 2012 (3 years) 411,79,99,93 from March 19, 2019 to March 18, 2012 (3 years), 11,79,93, from March 19, 209 to March 18, 2012 (5 years)
C. The column of each contract for the repair of defects issued pursuant to each of the instant contract states, “In the formation of the council of occupants’ representatives, the guarantee creditor shall be deemed to have changed to the council of occupants’ representatives.” The main contents of each contract for the repair of defects are as follows.
Article 1 (Definitions of Terms)
5. The term "guarantee accident" means a defect that occurs in a facility subject to defect repair as prescribed in the attached Tables 6 and 7 of the Enforcement Decree of the Housing Act, and the primary debtor fails to perform the defect repair without justifiable reasons, notwithstanding a guarantee creditor's claim for defect repair in each type of work.
Article 3 (Contents of Guarantee Obligation) The Guarantee Company will assume the obligation to perform the repair of defects or to pay the cost of repairing defects in the event of a guaranteed accident for defects that occur within the period of liability for repairing defects for each type of work, which are defects that occur in facilities subject to repair of defects as prescribed in the attached Tables 6 and
The apartment of this case is on March 19, 2009.