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(영문) 서울중앙지방법원 2015.09.08 2014가합18037

구상금 등

Text

1. As to Defendant Yong-Nam Construction Co., Ltd. (hereinafter “Defendant Yong-Nam”) KRW 190,97,569 and KRW 167,57,794 among them, May 4, 2012.

Reasons

1. As to the claim against Defendant Yong-Nam Construction Co., Ltd.

(a)as shown in the reasons for the attachment of the claim;

(b) Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of Acts;

2. As to the claim against Defendant C&T Co., Ltd. and Construction Financial Cooperative

A. The facts of recognition [based on recognition] are without dispute, Gap evidence Nos. 1 through 4 (including each number), and the purport of the whole pleadings 1) The Korea National Housing Corporation (Korea National Housing Corporation 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.

The term "Plaintiff" in total below shall be referred to as "Plaintiff"

2) The apartment of this case (hereinafter referred to as the “instant apartment”) is composed of 17-dong 1,093, Dong-dong, Seognam-dong, Seosan-si.

Defendant Yong-Nam Construction Co., Ltd. (hereinafter “Defendant Yong-Nam Construction”) (hereinafter “Defendant Yong-Nam Construction”), a contractor around November 15, 200.

(B)A corporation and a corporation incorporated into a corporation incorporated into a corporation incorporated into a corporation incorporated into a corporation incorporated into a corporation incorporated into a corporation incorporated into a corporation incorporated into a corporation incorporated into a corporation incorporated into a corporation

3) The contract under which the new construction of the instant apartment is contracted (hereinafter “instant contract”).

(1) The Defendant C&S Co., Ltd. (hereinafter referred to as “Defendant C&S”)

(2) Around that time, the Plaintiff jointly and severally guaranteed the Plaintiff’s obligation under the instant contract for the new construction of the apartment of this case for the construction of Yong-nam Construction and the brick Construction. (2) Around May 21, 2003, the Plaintiff leased the instant apartment after undergoing a pre-use inspection on the apartment of this case, but transferred the ownership of each household by converting it into parcelling-out around September 2008.

3) Meanwhile, Defendant Construction Mutual Aid Association concluded a contract for the construction and the repair of defects with respect to the defects of the apartment of this case as indicated below (hereinafter “instant repair contract for defects”).

(4) However, the business approval of the apartment of this case was granted to the Plaintiff.