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(영문) 수원지방법원 2020.09.09 2020가단6333
면책확인
Text

On November 12, 2012, the principal of the debt pursuant to the joint and several surety contract (main debtor C Co., Ltd.) of the Plaintiff against the Defendant is 16,875.

Reasons

1. Basic facts D is “the construction of landscaping facilities (hereinafter “construction”) among the construction of new E apartment buildings at the Namyang-si city to C Co., Ltd. (hereinafter “Nonindicted Company”) on September 21, 2011.”

A subcontract was made.

The defendant, around November 12, 2012, is called the "contract of this case" as the contract of this case, where the insured and the guarantee creditor are D with respect to the construction of this case with respect to the non-party company and the non-party company, the insurance amount of which is KRW 195,620,000, and the insurance period of which is from October 30 to October 29, 2015.

A) A guaranty insurance policy was concluded and around that time, the Plaintiff, a director of the non-party company, was jointly and severally liable to the Defendant under the instant guarantee contract. D obtained approval for the use of the above apartment around October 29, 2012, and the council of occupants’ representatives, an autonomous management organization of the above apartment, requested D to repair defects immediately after the occupancy of the above apartment, and D requested D to repair defects on October 28, 2015. On March 31, 2016, the Plaintiff filed an application for bankruptcy and exemption from liability with the non-party company on March 31, 2016 (Uwon District Court Decision 2016Ha decided 10142, 2016, 10142, 2016, 2016). The judgment of the council of occupants’ representatives was not made on May 30, 2016 (Seoul District Court Decision 2010Da71745 decided June 15, 2017).

D around May 2019.

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