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(영문) 서울동부지방법원 2010.12.01 2010가합5449
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff and the defendant concluded each joint and several guarantee agreement of this case and the defendant are companies incorporated for the purpose of each construction business. On November 7, 1997 (hereinafter "the first contract") and November 16, 1998 (hereinafter "the second contract"), the defendant concluded a guarantee contract with respect to the apartment constructed by the defendant from the non-party housing guarantee company (the Korea Housing Business Mutual Aid Association before the alteration: hereinafter "Korea Housing Business Mutual Aid Association") with respect to the apartment constructed by the defendant, with various kinds of guarantees as stipulated in the Housing Construction Promotion Act, the Rental Housing Act, and the articles of incorporation and regulations of the Korea Housing Guarantee Association, etc.

(hereinafter referred to as the "each of the instant joint and several guarantee agreements"). The types of guarantees which the contract parties may receive from the housing guarantee for the contract parties (type of guarantee / Article 1) are sale guarantee (housing sale guarantee, housing lease guarantee, housing commencement guarantee), damage liability guarantee, liability guarantee, long-term defect liability guarantee (liability guarantee, long-term defect liability guarantee), guarantee (lease guarantee and other guarantee: Housing construction material purchase guarantee, housing construction site purchase guarantee, housing construction site purchase guarantee, site purchase guarantee), and other guarantees (authorization permission guarantee, construction guarantee, housing construction guarantee, temporary house purchase deposit guarantee, supervision expense deposit guarantee, advance payment

(b) Article 2 (Limit of Guarantee): 2,686,530,240,00 won (the first contract), 2,715,560,640,000 won (the second contract) excluding the sale guarantee and the loan guarantee. (2) All guarantees except the sale guarantee and the loan guarantee: 671,632,560,000 won (the first contract), 678,890,160,000 (the second contract). The effective period of this Agreement in Article 3 is from the house guarantee to November 7, 1997, from November 6, 1998, from November 16, 1998 to November 15, 1998 (the second contract).

(b) the time limit for the guarantee issued, provided that the time limit for the guarantee has elapsed;

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