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(영문) 창원지방법원 진주지원 2018.09.19 2017가합11172

손해배상(건)

Text

1. The plaintiff's defendant A Co., Ltd. and C's rehabilitation company D's rehabilitation company's lawsuit taking over.

Reasons

1. Facts of recognition;

A. The Plaintiff’s status Korea National Housing Corporation (the Plaintiff was merged with the Korea Land Corporation on October 1, 2009, and the Plaintiff comprehensively succeeded to the rights and obligations of the Korea National Housing Corporation; hereinafter “the Plaintiff”) newly constructed the W apartment 16 Dong-dong 1372 households in Jinju-si (hereinafter “the instant apartment”), and the 684 households among them were sold in general, and the 688 households leased around December 16, 2005 but sold in lots around June 201.

On December 19, 2005, the Plaintiff obtained approval for the use of the apartment of this case, and around that time, transferred the apartment of this case to buyers and lessees.

B. 1) On October 21, 2002, the Plaintiff entered into a construction contract and a joint and several sureties contract, and the name of the Defendant X Co., Ltd. (hereinafter referred to as A Co., Ltd.) was changed.

hereinafter referred to as “Defendant A”

) Y Co., Ltd. (after the change of the trade name to B)

Defendant B’s “Defendant B”

3) Of the instant apartment construction works, construction works of construction sections, machinery, and civil engineering works (hereinafter “instant construction works”).

[1] A contract for construction work of this case (hereinafter “instant contract for construction work”).

C) On the other hand, C was decided by Changwon District Court 2009 Gohap10 on February 19, 2009, which decided to commence rehabilitation procedures on January 28, 2010. On March 4, 2010, it was merged into Changwon District Court 2009 Gohap9, which was decided to commence rehabilitation procedures, and was dissolved (hereinafter collectively referred to as “D”).

A) The current rehabilitation procedures for D are ongoing and E is appointed as a custodian (hereinafter Defendant C’s custodian is “Defendant D’s custodian”).

(2) On December 30, 2002, the Plaintiff constituted a joint contractor on December 30, 2002, Defendant G Co., Ltd.