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1. The Plaintiff:
A. As to Defendant B’s KRW 28,150,920,845 and KRW 16,568,413,113 among them, Defendant B shall be from November 1, 2019 to September 20, 202.
Reasons
1. Basic facts
A. The status C Co., Ltd. (hereinafter “C”) is a company that newly constructs and sells a total of 12 E apartment units (hereinafter “instant apartment units”) with a total of 12 units of 1,055 units (hereinafter “instant apartment”). Defendant A Co., Ltd. (hereinafter “Defendant A”) is a contractor of the instant project, and Defendant B was the representative director of the instant project.
Plaintiff
On July 1, 2015, pursuant to Article 4 of the Addenda of the Housing and Urban Fund Act (Act No. 12989), the name of the Plaintiff was changed from Korea Housing Guarantee Co., Ltd. to the Plaintiff. It is a company that guarantees C’s obligations related to the sales contract between C and buyer and the defect repair of Defendant A.
B. On October 27, 2006, the Plaintiff entered into a housing sale guarantee contract, a transfer agreement, and a joint and several surety 1) with C on October 27, 2006, and with the expected date of 121,831,710,000 won of the guaranteed amount, and the pre-use inspection (hereinafter “use inspection”) with the approval for use on March 31, 2009, respectively, and with the guarantee creditor as prospective occupants, C fails to perform the obligations under the pre-sale contract with respect to the apartment in this case due to default, etc., the housing sale guarantee contract with the content that C would refund the down payment and the intermediate payment already paid to the buyer who is the guarantee creditor or perform the obligations of the apartment in this case (hereinafter “sale guarantee contract in this case”). The Defendants jointly and severally guaranteed the obligations under the housing sale guarantee contract with the Plaintiff (hereinafter “joint and several surety”).
4. The term "guarantee incident" means that the Guarantee Company notifies the guaranty creditor of the suspension of payment of the occupancy deposit or the change in the account for payment of the occupancy deposit due to any of the following causes: