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(영문) 서울중앙지방법원 2019.06.13 2016가단5143133

하자보수금등

Text

1. The plaintiff's creditor's subrogation claim against defendant DDR is dismissed.

2. The plaintiff, Ga.

Reasons

1. As to the Plaintiff’s claim against Defendant D&C Mutual Aid Association (hereinafter “Defendant D&C”)

A. 1) E Co., Ltd. (hereinafter “E”)

On July 11, 2012, Non-Party F Co., Ltd. (the representative of Defendant B at the time, but the registration number or registration number is different from Defendant C Co., Ltd.)

) The “G Cze shop Housing Construction Corporation” contracted by G and E (hereinafter “G Housing Construction Corporation”).

Of the contract amount of structural works and finishing works (including detailed basic works, RC structure works, internal and external finishing works, and electric and electric installation works): 544,500,000 won (including value-added tax 11,880,000 won): The construction period: July 11, 2012; and November 30, 2012 from the date of the completion of the construction. The said subcontract includes the contents of the warranty liability as set forth below. Article 7 (Defects Warranty Liability)

1. B is Nonparty F Co., Ltd., a representative of Defendant B, who was operated by Defendant B.

Defendant Union asserts that the trade name of this Company was changed to H Co., Ltd.

The amount calculated by multiplying the contract price by the warranty bond rate prescribed in the contract (hereinafter referred to as "liability bond") shall be paid to A by cash or the certificate of a credit guarantee agency.

2. B shall repair any defect that occurs during the period of defect repair obligation stipulated in the written contract from the date of completion of inspection;

3. Where Eul receives a request for repair of defects from Gap during the period of defect repair obligation under paragraph (2), and fails to comply therewith, the defect repair bond under paragraph (1) shall revert to Gap;

5. In cases of multiple types of construction, they shall be determined by classification of types of construction;

The Plaintiff, on December 17, 2012, entered into a contract with E on December 17, 2012, 3,970,624,296,296,296,49,943 won in assets, while providing a contract for the transfer of business with E on December 17, 2012, as the warranty of 159,786,000 3% of the defect warranty warranty method and structure construction works for defect warranty period of 159,786,00,319,572,000