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(영문) 서울서부지방법원 2019.02.21 2017가합32404

하자보수금 등

Text

1. The Plaintiff:

A. C Co., Ltd., which is the taking over of the lawsuit of Defendant B, shall be KRW 316,197,322 and this shall be applicable thereto.

Reasons

1. Facts of recognition;

A. The plaintiff is the party. 1) The plaintiff is the party's status of the A Apartment 5, Dong 265, Dong 265 (hereinafter collectively referred to as "the apartment of this case").

(2) The Defendant Company is a self-governing body established pursuant to Article 14 of the Multi-Family Housing Management Act to determine important matters regarding management on behalf of the occupants, etc.

B. (1) On August 21, 2007, Defendant Company commenced the construction of the instant apartment on the commencement of construction works and the conclusion of a contract for the repair of defects. (2) On July 2009, Defendant Company entered into a contract for the repair of defects to determine that the Defendant Company will either perform the repair of defects against the guarantee creditor or pay the guaranteed expenses for the repair of defects in the instant apartment constructed between Defendant Company and the Defendant Company, notwithstanding the secured creditor’s claim for the repair of defects in the instant apartment constructed by the Defendant Company.

(3) On July 24, 2009, according to the instant guarantee agreement, the Defendant Company issued to the Defendant Company each guarantee creditor in the form of a market and the Defendant Company as follows. The Defendant Company issued each guarantee guarantee period of 1 E 404,065,512 from August 27, 2009 to August 16, 2010, 204,065,512 from August 27, 201 to August 27, 2010, 3 G 606,098, 268, 268 to August 27, 2011, 200 to August 30, 201, 30 G 3 G 606,098, 268 to August 27, 2012, 300 to 305 to 434, 209, 205 to 48, 294, 209.