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(영문) 서울중앙지방법원 2015.07.24 2014가합556447

구상금

Text

1. The Plaintiff:

A. The effect of Defendant Co., Ltd is KRW 118,064,792 and its amount from August 27, 2014:

(b) the defendant.

Reasons

The Korea National Housing Corporation (the plaintiff was merged with the Korea Land Corporation on October 1, 2009 and became the plaintiff. The plaintiff was not classified before and after the merger) that entered into a contract for work recognized as a fact is a project proprietor who newly constructed and sold a light-based main apartment with 11 households and 820 households and 11 households and 137 households and 11 households and 820 households and 820 households and 137 households and 20 households and households of the Gu Housing Corporation (the "the apartment of this case").

The plaintiff was approved to use the apartment of this case on August 27, 2003.

On March 5, 2001, the Plaintiff contracted the remainder (civil engineering, construction machinery, and civil engineering equipment) of the instant apartment construction among the instant apartment construction works with the joint and several liability of Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) under the joint and several liability of Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) pursuant to Article 16(1) of the former Decree on the Management of Multi-Family Housing (amended by Presidential Decree No. 18146, Nov. 29, 2003).

(hereinafter “instant construction contract”). On December 16, 2002, the Plaintiff, under the joint and several guarantee of Defendant Advanced Comprehensive Construction Co., Ltd. (hereinafter “Defendant Advanced”), contracted the instant apartment landscape construction work (hereinafter “Defendant Youngdo”) to Defendant Youngdo Construction Industry Co., Ltd. (hereinafter “Defendant Youngdo”), set the contractor’s warranty warranty period for two years.

(hereinafter “instant landscaped contract”). Of the general conditions of the construction contract and the special conditions of the construction contract included in the instant construction contract and the landscaped construction 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 corporation that has entered into a contract for construction with the plaintiff;

Article 27 (Inspection) (1) A contractor shall notify the Plaintiff of the completion report in writing.