구상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The council of occupants' representatives (hereinafter referred to as the "council of occupants' representatives") is the autonomous management body, the plaintiff and D Co., Ltd. comprised of occupants to construct and sell the apartment in this case, and E Co., Ltd. are the project undertaker who constructed and sold the apartment in this case, and E Co., Ltd. are the contractor who performed the above construction by being awarded a contract for the construction of the apartment in this case.
B. The Defendant concluded a warranty contract with E on November 17, 2009.
C. The council of occupants’ representatives filed a lawsuit against the Plaintiff, the Defendant, and D on the claim for repair of defects, such as outer walls and internal ruptures, water leakage, etc. arising from the instant apartment, by Seoul Central District Court 2014Gahap583913.
The above court rendered a judgment to the council of occupants' representatives that the plaintiff, D, D, 49,239 won and damages for delay, and the defendant jointly with the plaintiff and D to pay 286,072,72 won and damages for delay.
On September 1, 2016, the Plaintiff deposited KRW 526,302,071 with the Seoul Central District Court 2016Da6478, supra.
E. On October 26, 2017, Seoul High Court Decision 2016Na2065658, the appellate court of the above judgment, rendered a decision in lieu of conciliation as follows. The above decision became final and conclusive around that time.
AD B AD [based grounds for recognition] without dispute, evidence A1 through 7, purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The plaintiff's primary assertion (1) is the plaintiff's main assertion: According to the decision in lieu of the above final conciliation, the debts owed to the council of occupants' representatives jointly by the plaintiff, the defendant, and D are total 303,00,323 won (273,293,953 won and damages for delay as described in the above conciliation clause). The plaintiff exempted the plaintiff from its obligations by paying and depositing all the above money.
The plaintiff and the defendant are jointly and severally liable to the council of occupants' representatives, and the defendant's share of the defendant is 1/3,00,107 won per one-third of the debt.