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(영문) 서울중앙지방법원 2018.06.27 2017가합570727

하자보수보증금 청구의 소

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1. As to the Plaintiff KRW 205,849,677 and its KRW 95,835,232, the Defendant shall pay to the Plaintiff KRW 110,014,445.

Reasons

1. Basic facts

A. The Plaintiff, the Plaintiff, the CC Construction Co., Ltd. (hereinafter “KC Construction”), and the East Construction Co., Ltd. (hereinafter “Dongyang Construction”) concluded a contract under which the Plaintiff 60% of the investment ratio and the joint supply and demand organization (hereinafter “instant joint supply and demand organization”) with 20% of the construction of KCC Construction and Dongyang Construction (hereinafter “instant joint supply and demand organization”). On August 29, 2008, the contract was concluded with the Gyeonggi-do Construction to increase the construction cost by KRW 1 BGG from August 31, 2008 to October 19, 2010 (hereinafter “instant construction”) to the construction period from August 31, 2008 to October 19, 2010 to the construction cost of KRW 87,741,800,000, respectively (hereinafter “instant contract”). Since then, the contract was amended to increase the construction cost in KRW 106,12092,000.

B. On December 2, 2010, the Gyeonggi-do City Corporation received an inspection on the completion of the construction as a result of the construction in the instant case from the Kimpo-si apartment (hereinafter “instant apartment”).

C. On November 19, 2010, Dongyang Construction entered into each of the warranty contracts (hereinafter “each of the warranty contracts of this case”) as listed below with respect to the warranty liability that the Dongyang Construction bears for the Gyeonggi-do Si Corporation according to the instant contract. At that time, Dongyang Construction issued a warranty bond issued under each of the respective warranty contracts of this case to the Gyeonggi-do Corporation.

Serial No. 11 year, 201 from December 2, 2010 to December 1, 2011, 104, 996, 503,49,83,428, 2010197222, the instant construction (site creation works, etc.) from December 2 to December 26, 2010 to December 26, 2010; 683, 683, 848, 889, 475, 2019, 205, 205, 205, 205, 207, 205, 205, 205, 205, 205, 205, 205, 205, 205, 205, 205, 204, 137, 2014, 2137, 2014