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(영문) 서울동부지방법원 2015.06.19 2014가합534

하자보수금 등

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The plaintiff is a contractor who exercises overall control over the site creation work for land A, B, etc. (hereinafter referred to as the "site creation work of this case").

The Plaintiff completed the construction project, around May 201, in which reinforced retaining walls were installed on the sloping surface of the attached drawing No. 1 through No. 6 among the site development project of this case, to the Loading Construction Co., Ltd.

However, among the reinforcementing retaining wall, approximately 100 meters in the separate sheet No. 3 and No. 4 were collapsed around June 201.

(1) On November 8, 201, the Plaintiff concluded a construction contract with Defendant 2 (hereinafter “instant reinforced soil retaining wall”) on the following grounds: (a) on November 8, 201, the Plaintiff removed the reinforced soil retaining wall collapsed in 3 and 4 separate drawings; and (b) concluded a construction contract with Defendant 2 (hereinafter “instant construction contract”); (c) on the ground that the part of the instant reinforced soil retaining wall was 63,00,00,000 won was paid; (d) Defendant 2 was 50,000,000,000 won (hereinafter “instant construction contract”); and (e) the part of the instant construction contract with Defendant 2 was 5,000,000,0000 won and 25,000,000 won and 4,000,000 won and 5,000,000 won and 5,000,000,000 won and 5,000,000.