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(영문) 창원지방법원 2020.10.15 2020가합50327
손해배상(기)
Text

The Plaintiff

A. Defendant B and C jointly share KRW 503,582,254 and their related thereto.

Reasons

Facts of recognition

A. The plaintiff is the party. 1) The plaintiff is the 92 household units of A apartment 2, Dong-dong 92 (hereinafter collectively referred to as "the apartment unit of this case").

(2) In order to determine important matters on the management on behalf of the occupants, etc., Defendant B Co., Ltd. (hereinafter “Defendant B”) is a seller who newly built and sold the instant apartment, and Defendant C Co., Ltd. (hereinafter “Defendant C”) is a contractor who constructed the instant apartment according to a contract with Defendant B, and Defendant C’s Housing Urban Guarantee Corporation (hereinafter “Defendant Corporation”) issued a guarantee instrument to guarantee the repair of defects and damages in lieu of defect repair of the instant apartment for Defendant C.

3) Defendant C’s assistant intervenor is a company that subcontracted an elevator construction among the new apartment construction works of this case by Defendant C. B. Around January 201, Defendant C entered into a contract with Defendant C to repair defects that occurred within the defect liability period in the instant apartment constructed by Defendant C, notwithstanding the guarantee creditor’s claim for the defect repair as to the defects that occurred within the defect liability period in the instant apartment constructed by Defendant C with Defendant C, notwithstanding the guarantee creditor’s claim for the defect repair in the instant apartment constructed by Defendant C, Defendant C entered into a contract with the guarantee creditor to perform the defect repair or to bear the guarantee obligation to pay the cost for the defect repair.

(2) On January 31, 2017, the Defendant Corporation issued each guarantee guarantee creditor to the South Sea Office and the Defendant C according to the instant guarantee agreement with Defendant C as follows. Serial Nos. 1F 49,963,072 from February 6, 2017 to February 2, 2019, the guarantee number security deposit (the guarantee period of KRW 1F 1F 49,963,072 from February 6, 2017 to February 5, 2019 is 2 G 13,234,860 from February 6, 2017 to February 3, 2020.

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