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(영문) 서울중앙지방법원 2018.03.23 2016가합553671
양수금 등
Text

1. The Defendants jointly share KRW 101,265,241 to the Plaintiff, as well as the period from September 23, 2016 to March 23, 2018.

Reasons

Basic Facts

The status of the parties is that the Plaintiff newly constructed and sold 410 apartment units of Gangdong-gu Seoul Metropolitan Government 9-dong 410 (204 household units, 206 household units, hereinafter “the apartment units of this case”) located in 94-ro 72, Gangdong-gu, Gangdong-gu, Seoul, as a project proprietor, the supplementary intervenor of the Defendant Construction Mutual Aid Association and the name land construction company (hereinafter “TC Construction”) were changed to TWC Construction Co., Ltd. (hereinafter “TC Construction”).

The Defendant Construction Mutual Aid Association concluded a warranty contract with a subsidiary participant of the Defendant Construction Mutual Aid Association in order to guarantee the repair obligation of the apartment in this case, and the Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Seoul Guarantee Insurance”) concluded a warranty insurance contract with the Defendant Seoul Guarantee Insurance Co., Ltd. on the repair obligation of the apartment in this case.

On March 23, 2009, the Defendant Construction Mutual Aid Association concluded a warranty contract to guarantee the repair of defects or to guarantee the duty to repair defects of the apartment complex and the apartment complex of this case with the auxiliary intervenors of the Defendant Construction Mutual Aid Association and the Plaintiff as the guarantee creditor. On December 9, 2010, the Defendant Construction Mutual Aid Association concluded a warranty contract to guarantee only the duty to guarantee the repair of defects in the apartment of this case (hereinafter referred to as the “instant warranty contract”) by changing the guarantee creditor to the council of occupants’ representatives (hereinafter referred to as the “council of occupants’ representatives of this case”) composed of the management of the apartment of this case and reducing the guaranteed amount.

The Guarantee Number 20100213646, Feb. 24, 2009 to Feb. 23, 2010; 230,278,501 2010213645, 2013645, 2010 to Mar. 23, 201112, 159, 20102136444, 2010 to Feb. 24, 2010 to Feb. 24, 2010 to Mar. 25, 2012 to Mar. 28, 2012; 174; 950 to Oct. 2013, 2013 to 103; 2014 to 13.63, 2014 to 193;

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