beta
Text
1. The Defendant: KRW 76,60,164 for the Plaintiff and KRW 5% per annum from October 28, 2017 to January 16, 2019; and
Reasons
1. Basic facts
A. 1) B Co., Ltd. (hereinafter “B”)
(3) The apartment in Kimpo-si Co., Ltd. (the above apartment consists of 3 complexes, 29 units, 1,636 units, and hereinafter referred to as "the apartment in this case") from C and D organizations, and when they refer to the apartment in each complex, they are apartment complexes.
(2) Around December 2010, the Defendant entered into a contract with B, etc. on the instant apartment with the primary debtor as B, etc., and entered into a contract with the guaranty creditor as Kimpo-market (hereinafter “the instant guarantee contract”). At that time, the Plaintiff, a representative director of B, as a joint and several liability for reimbursement against the Defendant under the instant guarantee contract.
(3) Upon completion of the new construction of the apartment in this case, Kimpo-m, etc., the Kimpo-m, on December 30, 2010, the apartment in this case was approved to use the apartment in this case, and the right under the contract of this case was succeeded to the council of occupants' representatives by each apartment complex, which is the autonomous management body of the apartment in this case (hereinafter referred to as the "council of occupants' representatives by each apartment complex").
B. B. 1) Although there was a defect in the section for common use and section for exclusive use of the instant apartment, the defect was not properly repaired, some of the sectional owners of the instant apartment filed a lawsuit against B, etc. seeking the payment of damages in lieu of defect repair around 2011.
[The Seoul Central District Court 201 Gohap5320, 10445 (Joint), 5249 (Joint), 95903 (Joint), 129370 (Joint), hereinafter referred to as "relevant Damage Action"). 2] The appraiser F appraised the defects of the common area and the section for exclusive use of the instant apartment from December 5, 2012 to June 13, 2013 (hereinafter referred to as "relevant Defect Appraisal").
The section for exclusive use shall be the relevant defect appraisal.