beta
(영문) 부산지방법원 2019.05.22 2017가합50474

손해배상(기)

Text

1. The Plaintiff’s lawsuit against Defendant C Co., Ltd. and Defendant D is dismissed.

2. The Plaintiff:

A. Defendant.

Reasons

1. Facts of recognition;

A. Status 1 of the parties concerned ) The Plaintiff is Busan Shipping Daegu Apartment (hereinafter “instant apartment”).

(2) In order to manage three households, Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company that constructed and sold the instant apartment, and Defendant C Co., Ltd. (hereinafter “Defendant D”) and Defendant D Co., Ltd. (hereinafter “Defendant D”) are a company that constructed the instant apartment after being awarded a contract for the instant apartment construction from Defendant B, and the Defendant Housing and Urban Guarantee Corporation (hereinafter “Defendant Guarantee Corporation”) concluded a warranty contract for the instant apartment for Defendant C and Defendant D.

B. (1) On November 9, 2012, Defendant C and Defendant D, as the guaranty creditor of Busan Metropolitan City between Defendant Guarantee and Defendant Guarantee Corporation, and Defendant C and Defendant D as the principal debtor, guarantee of the obligation to repair the defects of the apartment of this case between Defendant C and Defendant D, as indicated in the following table (hereinafter collectively referred to as “each guarantee agreement of this case”).

(1) The term “a guarantee period” means the guarantee period of Nos. 1 E 1 E from November 12, 2012 to November 11, 2013 (one year), 495,175,841 won 2F from November 12, 2012 to November 11, 2014 (2 years) 495,175,841 won from November 11, 2014 to 3 G G 12, 2012 (3 years) 742,763,767 won and 4 HH on November 11, 2015 (the same shall apply to the instant case and the portion relating to the guarantee contract of this case from November 12, 2012 to November 12, 2017 to KRW 371,381,81,208,218,218,2138,218,210 and 138.

Article 1 (Definition of Terms) The definitions of terms used in this Clause shall be as follows:

2. The term “principal debtor” means the principal debtor as stated in the letter of guarantee as the project undertaker or executor;

3. The term "guarantee Creditor" means the authority for usage inspection or the council of occupants' representatives stated in the letter of guarantee.