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(영문) 서울중앙지방법원 2017.07.20 2016가합513215

손해배상 등 청구의 소

Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 182,531,556 and Defendant C Co., Ltd. from March 24, 2016.

Reasons

1. Basic facts

A. The Plaintiff and Defendant C Co., Ltd. (hereinafter “Defendant C”) entered into a subcontract agreement between the Plaintiff and Defendant C Co., Ltd. on May 16, 2007

B) As to the contract with the Plaintiff, the Plaintiff entered into a contract with the Defendant C by setting the contract amount of KRW 29,201,700,000 as the construction period from May 16, 2007 to February 12, 2014 (the contract amount of KRW 29,884,80,800,000 for the contract amount of KRW 29,884,80,000 (the contract amount on December 30, 2009).

(3) The provisions of the Framework Act on the Construction Industry, the Fair Transactions in Subcontracting Act, and the relevant Acts and subordinate statutes shall apply to other contracts that are contrary to the terms and conditions of this contract, which are set forth in the warranty period as “10 years after the completion of the contract” and the contents of this contract are as follows: The Plaintiff, B, and B shall comply with the provisions of the Framework Act on the Construction Industry, the Fair Transactions in Subcontracting Act, and the provisions of the relevant Acts and subordinate statutes in performing the construction works and the implementation of this contract. However, with respect to other contracts that are contrary to the terms and conditions of this contract, the provisions of this contract shall not apply in preference to the provisions of this contract: Provided, That the same shall not apply to the matters not stipulated in this contract under Article 30 (Special Conditions) with A, which are agreed upon by mutual agreement with B. ① The amount calculated by multiplying the contract amount by the rate of warranty bond as stipulated in the contract amount (hereinafter “liability bond”) and then

1. A letter of guarantee issued by the Construction Mutual Aid Association, Specialized Construction Mutual Aid Association, Specialized Construction Mutual Aid Association, Electric Construction Mutual Aid Association, Electrical Construction Mutual Aid Association, and Information and Communications Mutual Aid Association.

(3) B during the defect repair period under paragraph (2).