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(영문) 서울중앙지방법원 2018.05.04 2015가합569877
양수금 등
Text

1. The Plaintiff:

A. The Defendant Pakistan Global Co., Ltd. amounting to KRW 1,739,281,679 and its amount on September 5, 2017.

Reasons

Basic Facts

The status B apartment reconstruction association of the parties (hereinafter referred to as the “instant association”) is the project proprietor who constructed and sold the apartment and its ancillary facilities (11 Dong 11,280 households, hereinafter referred to as the “instant apartment”), and the Plaintiff is an autonomous management organization comprised of occupants, including sectional owners, for the management of the instant apartment.

The Defendant Company entered into a contract with the instant association on April 16, 2010 on the construction of the instant apartment (hereinafter “instant construction”) and the new construction of the instant apartment (hereinafter “instant construction”). On July 15, 2010, the Defendant Company signed and sealed the instant apartment supply contract with the instant association as the “supplier” and received the sales price from the buyer.

The Defendant Guarantee Corporation (the Korea Housing Guarantee Corporation has changed its name to the Korea Housing and Urban Guarantee Corporation pursuant to Article 4 of the Addenda to the Housing and Urban Fund Act; hereinafter referred to as the “Defendant Guarantee Corporation”) is a guarantor who entered into a warranty contract for the instant apartment as seen below (b).

The Defendant Company entered into a contract for the warranty of defects with the Defendant Guarantee Corporation and the Defendant Company entered into a contract for the warranty of defects (hereinafter collectively referred to as the “instant warranty contract”) as stated in the following specifications for the warranty of defects by making the guaranty creditor of the instant apartment as the Gyeong-do Governor. Under the above warranty contract, the Defendant Guarantee Corporation issued each warranty bond.

Serial No. 1 C 749,924,280 2 D 749,924,77 July 24, 2011 to July 24, 2012 (1 year) 3 E 1,124,86,420 from July 25, 201 to July 24, 2013 (2 years) 3 E 1,124,886, 420 from July 25, 201 to July 24, 2014 (3 years), 562,443, 201 to July 24, 201 (5 years) 44 F 562,43, July 25, 2010 to July 24, 2016 (5 years G5,5624, 201 to July 24, 2014; 2014 to 34,741.27

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