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(영문) 서울남부지방법원 2016.12.22 2015가단219041
구상금
Text

1. The Plaintiff:

A. Defendant C, Defendant A, and Defendant B jointly and severally with Nonparty D Co., Ltd. and 8,207,980 won and 6,932.

Reasons

1. Basic facts

A. The Plaintiff entered into an agreement on the warranty of defects (hereinafter “instant warranty agreement”) with Nonparty D Co., Ltd. (hereinafter “D”), and issued a warranty of defects (hereinafter “instant warranty agreement”) with the following specifications when obtaining approval for the use of each new apartment construction built by D:

On November 27, 2011 ( November 27, 2011) 21,932,502,932,932,550 (146,217,000) on November 27, 201, 201, a joint and several guarantee obligation for the guarantee deposit deposit deposit deposit as the guarantee deposit date, Defendant C, Defendant A, and Defendant B B G apartment council of occupants' representatives on June 14, 2002; 333,624,63,65,63,64, June 14, 2012 ( June 14, 2012), and the council of occupants' representatives on June 14, 2007; 305, the council of occupants' representatives on June 14, 2007; 305, the council of occupants' representatives on June 14, 2012; 203, the council of occupants' representatives on June 14, 201305

B. In concluding each of the instant defect repair guarantee agreements, when the Plaintiff paid the amount guaranteed by the Plaintiff to the guaranty creditor between D and D, D agreed to pay the said amount and the damages for delay at the interest rate as determined by the Plaintiff from the date of payment of the said deposit to the Plaintiff.

According to the Plaintiff’s Credit Management Regulations, 14% per annum from September 15, 1999 to December 31, 2013, and 9% per annum from January 1, 2014.

C. Defendant C, Defendant A, Defendant B, and Nonparty E are above B.

With respect to the claims for reimbursement against the plaintiff in D, it was jointly and severally guaranteed as described in the sequences corresponding to the above table.

D Co., Ltd. was virtually closed on or around June 2010.

E. In accordance with the agreement, the Plaintiff spent the incidental expenses to the secured creditor of the table (1) below, as shown in (2) below, and completed the payment of the amount in the name of the cost of repairing defects as listed in the table (c) below, and part of them.

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