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(영문) 서울중앙지방법원 2018.03.30 2016가합560303

손해배상(기)

Text

1. The Plaintiff:

A. From December 16, 2016, 526,616,567 won for the construction of enzymes Co., Ltd. and its related thereto.

Reasons

1. Basic facts

A. The Korea National Housing Corporation as the party concerned is a purchaser who newly built and sold 11,034 households, Dong-dong 11,034, Dong-dong, Busan Metropolitan City (hereinafter “instant apartment”).

On October 1, 2009, the Plaintiff was a public corporation established by the merger between the Korea National Housing Corporation and the Korea Land Corporation. Pursuant to Article 8(1) of the Addenda of the Korea Land and Housing Corporation Act (Act No. 9706, May 22, 2009), the Plaintiff comprehensively succeeded to the property, claims, and other rights and obligations of the Korea National Housing Corporation.

(hereinafter referred to as "Plaintiff" without distinguishing between the above merger and the above merger. (B)

1) The Plaintiff and the Defendants entered into a contract or a guarantee agreement between the Plaintiff and the Defendant Promotion Enterprise Co., Ltd., Defendant Enzym Construction, and Construction Mutual Aid Association (A) with respect to the instant apartment section 1 district between the Plaintiff and the Defendant Promotion Enterprise Co., Ltd. (hereinafter the Defendants Co., Ltd., a stock company) around 2003, the Plaintiff is deemed to be “construction works on the instant apartment section 1 district” among the new apartment construction works in this case.

from October 31, 2003 to June 21, 2006 (the first contract period was adjusted after the execution of the contract).

Unless there are special circumstances below, the final adjusted construction period shall be stated only when the period is finally adjusted.

) The contract amount was set at KRW 32,311,445,00, and the contract was entered into with the Defendant Promotion Company as the contract cycle (hereinafter “instant contract”).

(B) Around 2003, Defendant Enzym Construction agreed with the Plaintiff to provide joint and several sureties with the obligation to undertake the above contract.

C) The Defendant Promotion Company concluded a warranty contract between Defendant Construction Mutual Aid Association and Defendant Construction Mutual Aid Association, as indicated in the table, to guarantee the obligation to repair defects with respect to construction works on the instant apartment section 1 of the Defendant Promotion Company.

The date of concluding a guarantee agreement number.