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1. Ascertainment that the bankruptcy claim of the Plaintiff’s bankrupt, ice C&C is KRW 35,622,633
2. Defendant.
Reasons
1. Basic facts
A. The plaintiff is a party to the dispute. The plaintiff is a Daegu Suwon-gu A apartment (6 Dong, 439 households, hereinafter "the apartment of this case").
In order to manage the apartment complex, the autonomous management body consisting of the occupants is the autonomous management body. 2) The well-dying C&C was declared bankrupt as the seller of the apartment complex of this case, and the attorney B (hereinafter “Defendant trustee in bankruptcy”) was appointed as the trustee in bankruptcy of the well-dying C&C on the same day.
3) Defendant Chyan Global contracted for the instant apartment construction from Hyhyn C&C, and thus, Defendant Chyan Global guaranteed the instant defect repair obligation. (B) Defendant Chyan Global guaranteed the instant defect repair obligation. (1) Defendant Chyan Global on December 23, 2008, as indicated in [Attachment 1], concluded each contract for defect repair of the instant apartment between Defendant Chyan and Defendant Chyan’s house guarantee and issued a warranty bond (hereinafter “each contract for defect repair of the instant apartment”).
Meanwhile, according to Article 1 subparag. 5 of the respective warranty contract of this case, the warranty liability holder shall be deemed to be changed to the council of occupants' representatives when the guaranty creditor fails to perform the defect repair without any justifiable reason, notwithstanding the guaranty creditor's claim for the defect repair of each type of work as a defect that occurred in the construction of the facility subject to defect repair under the attached Tables 6 and 7 of the Enforcement Decree of the Housing Act. Article 3 provides that the guarantee creditor bears the obligation to perform the defect repair or to pay the cost of defect repair when the guarantee accident occurred, and Article 5 provides that the guarantee creditor shall be deemed to be changed to the council of occupants' representatives when the council of occupants' representatives
Serial No. C 1 C 751,200,000 guarantee period of the guaranteed amount (cost) 1 C 751,200,000 to January 23, 2009 to January 22, 2010.