구상금
1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 399,297,841 out of the amount of KRW 440,463,143 and the amount of said KRW 399,297,841.
1. Basic facts
A. On March 3, 2008, the Plaintiff (the original name was “Korea Housing Guarantee Corporation,” and the name was changed to “Korea Housing and Urban Guarantee Corporation” as of July 1, 2015; hereinafter “Plaintiff”) entered into a warranty contract with respect to the construction of the new apartment C (the original name was “D” but was changed to “C”; hereinafter “the instant apartment”).
(hereinafter “instant guarantee contract”). A guarantee contract under the first guarantee contract of April 2, 2008 between April 2, 2008 and April 1, 2009 to April 1, 2009, and 310,59,336 under the second guarantee contract of April 2, 2008 to April 1, 2010 to April 310, 2010 to April 310, 2008, and 336 under the third guarantee contract of April 2, 2008 to April 1, 2011 to April 2, 2008 to April 2, 201 to April 1, 2013 to April 1, 2013 to April 232, 201, 502 to April 232, 201 to April 232, 2018;
B. At the time of the conclusion of the above guarantee agreement, Defendant A entered into an agreement with the Plaintiff on the warranty liability (hereinafter “instant agreement”) stating that “Defendant A shall immediately compensate the Plaintiff for the amount guaranteed by each guarantee agreement of this case when the Plaintiff paid to the guaranty creditor, and shall pay the amount of the fine for negligence as determined by the Plaintiff from the date of the payment (Article 9). Defendant A entered into an agreement with the Plaintiff on the warranty liability (Article 10), including substitute payment, the legal procedure expenses paid by the Plaintiff, and the litigation expenses, for all incidental obligations, including substitute payment, the provisional payment, and the litigation expenses paid by the Plaintiff.” On the same day, Defendant B guaranteed the Plaintiff’s obligation under the said agreement.
C. The council of occupants’ representatives of the instant apartment is responsible for the payment of the warranty bond, etc. against the Plaintiff, etc., who is the guaranteed debt, as Seoul Western District Court Decision 2010Gahap3971, as to the instant apartment as to the instant guarantee contract.