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(영문) 서울서부지방법원 2015.05.15 2014가합35808 (1)

위약금 등

Text

1. The Defendant’s KRW 192,490,00 for the Plaintiff and 5% per annum from August 6, 2014 to May 15, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of the facility maintenance business and the construction technology-related advisory business, and the Defendant is an organization composed of representatives from each Dong of the Dong-dong-Jakdong promotion apartment complex 2 apartment complex (hereinafter “the apartment of this case”), which is located in the 13 Dong-dong 851, Dong-gu, Young-si.

B. On May 20, 2013, the Plaintiff and the Defendant provided support to the Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee”) for requesting the performance of defect repair related to the instant apartment. As a result, when the Defendant received the warranty bond from the Korea Housing Guarantee, the Plaintiff entered into the instant contract with the intent to perform the defect repair work of the instant apartment by paying the deposit as the construction cost, and the main contents thereof are extracted as follows.

Contract Agreements for Construction Works

3. “A” and “B” under the special terms and conditions of the contract agreement (referred to as “A” and “B” respectively to the Defendant, “B” and “B”, upon the confirmation of a guarantee accident, shall prepare a written contract for construction works and implement the agreed defect repair work after the receipt of the deposit.

1 The obligations and responsibilities of “B” (1) “B” in relation to this contract shall actively cooperate with the subcontractor in performing all necessary duties when the “A” claims the repair of defects against the warranty against the warranty against the defects of the apartment in question, and shall carry out the construction work under the construction contract agreement agreed with “A”.

(2) "B" shall be arranged based on the diagnosis report from the initial defect found in the apartment complex to be at least 60% of the amount of guarantee for defects in the year 1,2, and 3.

(4) In the event that a request for a guarantee company is not available due to a failure to process a guarantee accident while performing the duties of demanding a guarantee company, "B" shall be deemed not to be a cause attributable to "B" and "B" shall be liable for all the expenses used by "B".

(6)