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(영문) 서울중앙지방법원 2015.05.20 2014가합523294

손해배상(건)

Text

1. The plaintiff's lawsuit against the defendant SPS Construction Corporation shall be dismissed.

2. The Plaintiff:

A. Defendant.

Reasons

1. Basic facts

A. 1) The Korea National Housing Corporation shall enter into a contract for joint and several sureties and a joint and several sureties with 10 B apartment units A at the time of the Government of the Gu (hereinafter “instant apartment”).

The Plaintiff is a seller newly built and sold. On October 1, 2009, the Plaintiff was the Korea National Housing Corporation and a public corporation established following the merger of the Korea Land and Housing Corporation, and the Korea Land and Housing Corporation (established by Act No. 9706, May 22, 2009) comprehensively succeeded to the assets, claims and obligations of the Korea Land and Housing Corporation, and other rights and obligations of the Korea Land and Housing Corporation (hereinafter referred to as the “Plaintiff”) pursuant to Article 8(1) of the Addenda.

(2) On December 29, 195, the Plaintiff entered into a construction contract with Defendant Han-dong Co., Ltd. (hereinafter “Defendant Han-dong Co., Ltd.”) on the construction section of the instant apartment site with a construction period of KRW 17,919,00,00 (hereinafter “instant construction contract”). At the time, the Plaintiff jointly and severally guaranteed the Plaintiff’s obligation under the instant construction contract with the Defendant Han-dong Co., Ltd. (hereinafter “Defendant Han-dong Co., Ltd.”), Escar New-dong Co., Ltd. (hereinafter “Defendant Han-dong Co., Ltd”), and the construction contract for the instant apartment site with the construction period of KRW 17,99,00,00.

3) On December 29, 1995, the Plaintiff, with respect to Section 2 of the instant apartment construction project, is a Sungwon Industrial Development Co., Ltd. (hereinafter “Mawon Industrial Development”) (hereinafter “Mawon Industrial Development”).

B) As between June 13, 1996 and June 19, 1999, the construction contract was entered into between the construction period and the contract amount of KRW 10,825,00,000 (hereinafter “the contract for the two sections of this case”).

(1) At the time, Defendant New Co., Ltd. (hereinafter “Defendant New”) was entered into.

) The Plaintiff jointly and severally guaranteed the obligations under the contract agreement for the instant Section 2 to the Plaintiff (joint and several suretys are the first stock company).