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(영문) 서울중앙지방법원 2015.02.13 2013가합549640
구상금 등
Text

1. A, B, and the debtor under joint management of the plaintiff's new defendant corporation, and the debtor Southyang Construction Corporation.

Reasons

1. Basic facts

A. Each contract of this case and joint and several sureties contract of this case 1) The plaintiff is an apartment complex 11, Dong-dong, 898 households and ancillary facilities (hereinafter referred to as "the apartment of this case") located in the Nam-gu Incheon Metropolitan City, Nam-gu, 602-1.

(2) On November 27, 2003, the Plaintiff entered into a contract for the new construction work (hereinafter “one construction work”) among the apartment units (hereinafter “one construction work”) with Defendant New Daily Co., Ltd. (hereinafter “Defendant New Daily”) and Defendant Native Co., Ltd. (hereinafter “Defendant Native Co., Ltd”) on November 27, 2003. The Plaintiff entered into a contract with Defendant Native Co., Ltd. (hereinafter “Defendant Native Co., Ltd.”) for the construction work (hereinafter “one construction work”) among the apartment units (hereinafter “Defendant Native Co., Ltd.”), Namyang Construction Co., Ltd. (hereinafter “Defendant Native Co., Ltd”), and Sambu Construction Co., Ltd. (hereinafter “Defendant C&D Construction”), and entered into a joint and several construction contract with Defendant P&D Co., Ltd. (hereinafter “Defendant P&D”) for the construction work and one joint and several construction work units (hereinafter “Defendant P&D”) during each of the instant construction work sections (hereinafter “Defendant P&D”).

At the time, Defendant D jointly and severally guaranteed Defendant D’s obligations under the above Section 2 Construction Contract.

B. On November 27, 2001, each of the instant guarantee agreements entered into with Defendant Construction Mutual Aid Association on November 27, 2001, with respect to ① Defendant New Daily, Nyey, and Fyey, with respect to the construction of one section, ② Defendant Scar Construction, and anti-do trading are related to two sections.

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