손해배상(기)
1. B. A, the receiver of the rehabilitation debtor B, who is the plaintiff's taking over of the lawsuit against the defendant B.
1. Basic facts
A. 1) The Plaintiff is a party to the instant apartment complex A, the 400-dong 400-dong and its ancillary facilities (hereinafter “instant apartment complex”).
(2) In order to manage the resident, the resident is an autonomous management body organized by the resident, and the Defendant Lighting Co., Ltd. (hereinafter “Defendant Lighting Co., Ltd.”)
(2) On January 9, 2014, the Seoul Central District Court (2013 Gohap291) decided to commence rehabilitation procedures for the instant apartment, which was the implementer who constructed and sold the instant apartment, and the Defendant Company B took over the instant lawsuit again upon the completion of rehabilitation procedures on March 26, 2015.
(hereinafter referred to as “Defendant B” is not classified before and after the process of taking over a lawsuit, except in extenuating circumstances.
Around February 19, 2009, Defendant B entered into each of the instant contracts with the Defendant Housing Guarantee Co., Ltd. (hereinafter “Defendant Housing Guarantee Co., Ltd.”), and entered into each of the instant apartment contracts as listed below (hereinafter collectively “each of the instant contracts”) with respect to the instant apartment and received a warranty bond from the Defendant Housing Guarantee Co., Ltd.
Since then, the guarantee creditor of each guarantee contract of this case was changed to the plaintiff.
The guarantee period of the guaranteed amount of KRW 1582,780,000 on February 25, 2009; KRW 2782,780,00 on February 24, 2010; KRW 874,170,000 on February 25, 2009; KRW 25,200 on February 24, 2011; KRW 437,085,00 on February 24, 2012; KRW 437,00 on February 25, 2009; KRW 437,085,000 on February 25, 2009; KRW 537,085,00 on February 24, 2014; and KRW 00 on February 25, 2019;
The apartment of this case, which was inspected on or around February 20, 2009, was inspected on or around the apartment of this case, and the defendant B failed to construct the part to be constructed according to the design drawing with respect to the apartment of this case, or failed to perform the defective construction or design drawing.