구상금
1. The Defendant shall pay to the Plaintiff KRW 94,405,887 and the interest rate of KRW 20% per annum from August 14, 2010 to the day of complete payment.
1. The facts below the basic facts are either in dispute between the parties or in accordance with Gap evidence 1-1-4, Gap evidence 2-1-2, Gap evidence 3-6, Gap evidence 7-1-4, Gap evidence 7-8, Eul evidence 1, 5-7, Eul evidence 9-1-7, Eul evidence 9-1-7, Eul evidence 10, and Eul evidence 10.
A. The parties involved non-party B Co., Ltd. (the change to C Co., Ltd. on July 3, 2007 and the change to B on April 7, 2008; hereinafter the same shall apply) is a company that newly constructed and sold the D apartment in Msan City (hereinafter the apartment of this case), and the plaintiff entered into a contract with B to guarantee the repair of defects arising from the apartment of this case (the guarantee contract of this case) (the guarantee contract of this case). The defendant is a joint and several surety (the joint and several surety of this case).
B. On May 14, 1998, B entered into the instant guarantee agreement and the joint and several sureties contract (1) with the Plaintiff on May 14, 1998, and entered into the instant guarantee agreement with the Plaintiff, setting the Msan market, which is the authority for usage inspection, as the guarantee creditor, as follows. After which the council of occupants’ representatives of the instant apartment was formed, the guarantee creditor of the instant guarantee agreement was changed to the council
(B) If the Plaintiff directly filed a claim against the Plaintiff for any defect within the warranty period, according to the terms and conditions of the instant guarantee contract, the guarantee period and the first guarantee period, from May 14, 1998 to May 27, 2001, and the second guarantee period, from May 28, 1998 to May 27, 2008, respectively). The Plaintiff received a claim against the Plaintiff for the defect within the warranty period, under the terms and conditions of the instant guarantee contract, and the first guarantee period of the guarantee contract (the original guarantee) and the first guarantee period of the warranty period of the defect warranty period, from May 14, 1998 to May 13, 201, respectively. < Amended by Presidential Decree No. 15804, May 14, 2008; Presidential Decree No. 15705, May 14, 2015; Presidential Decree No. 15817, May 13, 2008>