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(영문) 대전지방법원 2016.09.09 2014가합108229

구상금

Text

1. The Plaintiff’s rehabilitation debtor A, a litigation taking over the Plaintiff’s rehabilitation company, shall be the administrator of Gyeongnam Company A.

Reasons

Facts of recognition

The relationship between the parties and the progress of the construction of new apartment in this case (the Korea National Housing Corporation was merged with the Korea Land Corporation on October 1, 2009 and became the plaintiff; hereinafter "the plaintiff") is a seller who newly constructed and sold 683 households, Jinjin-si, C apartment 11 (hereinafter "the apartment in this case").

The plaintiff performed the new construction of the apartment of this case from around 2003 to around 2005 as follows, and obtained approval for use on November 11, 2005.

With respect to the construction work of the apartment section 3 of this case, the plaintiff entered into a contract with the defendant Kimnam- Enterprise Co., Ltd. (the defendant Kim Nam- Enterprise Co., Ltd., as seen below, transferred its status to the administrator upon commencement of the rehabilitation procedure; but the plaintiff, as long as it is not necessary to refer to the act as the administrator, shall not be divided, and all of them shall be referred to as "the defendant Kim Nam- Enterprise") and the Taesan Construction Co., Ltd. (the party's status was transferred to B after bankruptcy; hereinafter referred to as "Tsan Construction Co., Ltd."), and the new defendant Co., Ltd. (hereinafter referred to as "the defendant new") jointly and severally guaranteed the obligations under the above contract.

The defendant Construction Mutual Aid Association is a guarantor who has entered into a contract for the repair of defects for the above contract between the defendant Kyung-nam and Taesan Construction.

With respect to the instant apartment section 4 section telecommunications construction, the Plaintiff entered into a contract with the Defendant Yangyang Integrated Power Co., Ltd. (hereinafter “Defendant Yangyang Total Power”), and the Defendant Seoyang Co., Ltd. (hereinafter “Defendant Seoyang”) jointly and severally guaranteed the obligation under the said contract.

The defendant Information and Communications Mutual Aid Association has entered into a warranty contract on the said contract with the defendant Yangyang General Electric Power.