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(영문) 서울고등법원 2019.10.25 2018나2075321

손해배상(기)

Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is a contractor who has been awarded a contract for the new construction of two buildings “Bad G” (hereinafter collectively referred to as “the instant multi-unit housing”) on the ground of land D and D and 37, the Plaintiff is a subcontractor who was awarded a subcontract from the Plaintiff for the part of the outer tin work (hereinafter referred to as “the instant construction work”) among the new construction of the instant multi-unit housing (hereinafter referred to as “the instant multi-unit housing”) and the Defendant B Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”) on April 2, 2013, and was changed to the trade name as of April 2, 2013; hereinafter “Defendant Co., Ltd.”).

(A) evidence 16.2

On February 8, 2009, the Plaintiff entered into a subcontract for the instant construction project with the Defendant Company (Evidence 3) and entered into a contract to modify the contract amount and construction period of the instant construction project several times from September 10, 209 to March 7, 2010 (Evidence 4-1 to 4-7).

(hereinafter collectively referred to as the “instant subcontract” in this case. The final contract price under the instant subcontract is KRW 4.166 billion, and the construction period is from February 8, 2009 to March 30, 2010.

C. On March 17, 2010, the Defendant Company entered into a contract for the warranty of defects (hereinafter “instant warranty contract”) that guarantees the Defendant Company’s obligation to repair defects during the period from March 31, 2010 to March 30, 2012, setting the warranty amount of KRW 1250,000,000, the warranty period, and the warranty period from March 31, 2010 to March 30, 2012.

As a result of performing the construction of this case from April 2009 to October 1, 200 pursuant to the subcontract of this case, the Defendant Company 1 caused the defects of the apartment of this case. The apartment of this case is about October 16, 2009.