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(영문) 서울동부지방법원 2017.06.21 2016가단103140

부당이득반환 등

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On March 19, 2009, the Plaintiff entered into a contract for the warranty liability of the Plaintiff with C Co., Ltd. (former trade name: D Co., Ltd.; hereinafter “C”) which is the contractor of three and 134 units of “A apartment” (hereinafter “instant apartment”) on March 19, 2009, with the head of Gangdong-gu (former trade name: D Co., Ltd.; hereinafter “C”) and the principal debtor as C, with respect to the instant apartment as indicated below.

(2) The Defendant shall pay the guarantee creditor the amount of KRW 328,968,00 G 45 years (from April 20, 2009 to April 19, 201), 219,312,00 E 2 years (from April 20, 2009 to April 19, 201) 219,312,00 F three years (from April 20, 209 to April 19, 201) (from April 20, to April 19, 201) 328,968,000 G 45 years (from April 20, 209 to April 19, 2014) without delay, when the Defendant paid the guarantee creditor the amount of KRW 164,484,400,480 to April 16, 209 to April 19, 2019).

(B) The payment under paragraph (1) will be made by the Defendant from the date of the payment of the deposit.

Article 10. In addition to all incidental obligations such as substitute payment made by the defendant, legal procedure expenses paid by the defendant, and litigation costs, it will be promptly reimbursed by adding the damages prescribed by the defendant.

The definitions of terms used in Article 1 (Definition of Terms) of the Terms and Conditions of this case are as follows:

5. The term "guarantee accident" means a case where a principal debtor fails to perform a defect repair without justifiable grounds, notwithstanding a guarantee creditor's claim for defect repair with respect to a defect that has occurred during the period of defect repair liability for each type of work as prescribed in attached Tables 6 and 7 of the Enforcement Decree of the Housing Act.

Article 3 (Contents of Guarantee Obligation)

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