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(영문) 서울서부지방법원 2015.01.16 2014가단29721

구상금

Text

1.(a)

Defendant B Co., Ltd. 20,769,230 won, Plaintiff (Appointed Party), Appointed G, H, I, and J respectively. 13.

Reasons

1. Facts of recognition;

A. On April 9, 2012, the Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee Co., Ltd.”) entered into an agreement on the warranty liability of defects that the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”) established with respect to the new construction of the L Apartment located in the Eunpyeong-gu Seoul Metropolitan Office (hereinafter “Defendant Co., Ltd”).

B. M and Defendant C, D, and E have jointly and severally guaranteed the liability for reimbursement under the above arrangement on the housing guarantee of the Defendant Company.

C. Under the above agreement, the Korea Housing Guarantee paid the Defendant Company KRW 74,985,00 on April 7, 2008, including KRW 33,000,000, and KRW 41,985,00 on May 30, 2012, by subrogation of KRW 74,985,00 on behalf of the Defendant Company, and paid KRW 660,00 on behalf of the Defendant Company for the cost of preserving the claim for reimbursement.

On the other hand, M died on March 16, 2010, and M succeeded to M as his spouse by the Plaintiff and the Selection G, H, I, and J as his child.

E. The Korea Housing Guarantee filed a lawsuit against the designated parties, including the Plaintiff (Appointeds), and the Defendants against the Seoul Southern District Court 2013da20441 (hereinafter “instant claim for reimbursement of subrogated amount, etc.”). Afterward Housing Guarantee, the Korea Housing Corporation (hereinafter “the instant securitization company”) that acquired the instant claim for reimbursement from the Korea Housing Guarantee succeeded to the instant lawsuit. The Seoul Southern District Court rendered a favorable judgment against the instant securitization company on November 12, 2013, and the said judgment became final and conclusive at that time.

F. On January 16, 2014, the Plaintiffs subrogated for KRW 90,000,000 in total to the instant securitization company as ordered payment in accordance with the above final and conclusive judgment.

【Defendant C and D’s ground for recognition: for Defendant B and E with no dispute: The entries of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination

A. Determination as to the claim against the Defendant Company