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(영문) 서울중앙지방법원 2018.01.24 2015가합25377

손해배상(기)

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against all the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs jointly received M&A from the Korea Water Resources Corporation as a joint contractors, and currently the plaintiffs' shares are as listed below.

The Plaintiff’s share ratio No. 1 A Co. 47.38% 2 B 10.53% 3 D Co. 4 10.53% 5.26% 5.26% 6 G Co. 65.26% 7 H5.26% 8 I Co., Ltd. 5.26% 9.26% 9%

B. On March 17, 2010, Defendant K Co., Ltd. (hereinafter “Defendant K”) changed the construction amount of KRW 26,173,290,00 (the supply price of KRW 23,793,90,90,000, value-added tax amount of KRW 2379,379,390,000), and the defect liability period of KRW 24,201 from December 25, 201 to December 24, 2012 (the date following the completion of the construction period to December 203, 2012) from the Plaintiff Co., Ltd. (hereinafter “Defendant A”).

C. On June 30, 2012, the Defendant completed the instant floodgate construction and completed three N-type floodgates (hereinafter “each of the instant floodgates”; when individually named, the Plaintiff paid KRW 20,356,460,000 (excluding value-added tax) for the instant floodgate construction work settled to Defendant K.

On July 2, 2012, Defendant LA entered into a contract for the warranty of defects (hereinafter “instant warranty contract”) with Defendant K and the instant floodgate construction as the guarantee creditor Plaintiff A, and issued a warranty bond for defects (hereinafter “instant warranty contract”) from July 1, 2012 to June 30, 202.

[Ground for Judgment] Unsatisfy, entry of Gap evidence 1 to 4 (including each number in the case with a satisfy number), the purport of the whole pleadings

2. The plaintiffs' assertion

A. Defendant K with respect to Defendant K, in accordance with Article 8 of the Special Conditions for the Hydrological Construction Contract of this case.