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(영문) 인천지방법원 2019.04.26 2018가합53626

구상금

Text

1. As to KRW 273,086,341 and KRW 236,732,629 among the Plaintiff, the Defendant shall start from April 20, 2018 to April 26, 2019.

Reasons

In fact, the Plaintiff is a project proprietor who newly constructed and sold 7, 692 households, Dong-dong, Seo-gu, Incheon Metropolitan City (hereinafter “instant apartment”), and the Defendant is a construction company that constructed the instant apartment.

On November 12, 2007, the Plaintiff entered into a contract for construction works between the Plaintiff and the Defendant, etc. with respect to the instant apartment construction works, setting the construction cost of KRW 99,310,000,000, and the construction period from December 20, 2007 to May 28, 2010 (hereinafter “instant contract”).

Article 27 (Inspection) (1) The other party to the contract shall, when completing the construction work, notify the contracting officer of the completion report in writing (in the case of construction work subject to responsible supervision under Article 27 of the Construction Technology Management Act, referring to the specialized construction-supervising firm) and undergo the necessary inspection.

Article 33 (Maintenance of Defects) (1) The other party to the contract shall be liable to compensate for any defects (limited to defects caused by a mistake in the execution of the other party to the contract) of the object of construction during the period prescribed in the contract pursuant to Article 60 of the Enforcement Decree of the Act on Contracts to Which the State is a Party from the date of the acquisition of the whole object and the date of the completion of the inspection of completion (hereinafter

(4) When the counter-party to a contract receives a notice of defect repair, he/she shall conduct repair immediately and submit it to the ordering agency specifying the cause of the defect and other measures.

The parts are as follows:

On July 19, 2010, the Plaintiff obtained approval for the use of the instant apartment and the approval for the use of the instant apartment from the Mayor of Incheon Metropolitan City.

In executing the instant apartment construction work, the Defendant shall not execute the part to be executed in accordance with the design drawing.