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(영문) 수원지방법원성남지원 2015.10.27 2014가합204822

손해배상(기)

Text

1. The manager B of the Defendant Rehabilitation Obligor A and the Defendant Bankrupt C Co., Ltd. among the instant lawsuit.

Reasons

1. Facts of recognition;

A. 1) The Korea National Housing Corporation (the Korea Land Corporation on October 1, 2009) (the Plaintiff was merged with the Korea Land Corporation).

The “Plaintiff” shall not be classified before and after the merger.

3) The 19 I Apartment-dong 1903 apartment units (hereinafter referred to as the “instant apartment”).

(2) On March 15, 2005, the Plaintiff: (a) purchased each of the instant apartment units as a public rental apartment pursuant to the Rental Housing Act; (b) purchased each of the instant apartment units as a public rental apartment on May 201, 201; (c) on October 30, 2001, the Plaintiff concluded a contract for construction work on the instant apartment section 2 with A Co., Ltd. (hereinafter referred to as “A”) and C Co., Ltd (hereinafter referred to as “C”) under the joint and several guarantee of E Co., Ltd. (hereinafter referred to as “E”) and C Co., Ltd. (hereinafter referred to as “C”); and (d) awarded a contract for construction work on the instant apartment section 10 years in the case of a wall columns, five years in the case of a wall columns, 2 years in the case of machinery, and 16 (1) of the former Decree on the Management of Multi-Family Housing (amended by Presidential Decree No. 18146, Jan. 29, 2003).

(3) On March 19, 2004, the Plaintiff (hereinafter “Defendant H”) on March 19, 2004

2) Under the joint and several guarantee of the contractor, the contractor’s warranty liability period was set at two years (hereinafter “instant landscaping contract”) while awarding a contract for the construction of the instant apartment section 2 to Defendant G engaged in landscaping business with the trade name of “K” (hereinafter “instant landscaping contract”).

4) Of the general conditions of the construction contract and the special conditions of the construction contract included in the instant construction contract and the landscape architecture contract, the parts related to the instant case are as follows.

▣ 공사계약 일반조건 제2조 (정의) 이 조건에서 사용하는 용어의 정의는 다음과 같다.

2. The term “contractor” means an individual or a corporation that has entered into a contract for construction with the Plaintiff.