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(영문) 서울중앙지방법원 2016.09.23 2015가합578215

손해배상(기)

Text

1. The Defendants are jointly and severally liable to the Plaintiff for the payment of KRW 346,826,80 to September 23, 2016.

Reasons

1. Circumstances leading to the dispute of this case;

A. On the ground of the 11110 Sinsan-si, the Plaintiff (hereinafter referred to as the “instant building”) requested the Gyeongnam-si Regional Procurement Service under the jurisdiction of the Republic of Korea to conclude a contract for construction works (hereinafter referred to as the “instant construction works”) which newly build the future design center attached to the Plaintiff (hereinafter referred to as the “instant building”).

Accordingly, the Gyeongnam Local Government Procurement Service publicly announced the bidding on the instant construction project.

B. The Defendants participated in the bid procedure by organizing a joint supply and demand organization with the method of joint performance with the representative company as the defendant Tae Taeyang Construction Co., Ltd., and 20% of the investment ratio of the Defendants was 80% of the total construction company in Tae Taeyang Construction Industry Co., Ltd., and participated in the bid procedure. The minimum price was

C. On October 14, 2013, the Gyeongnam District Government Procurement Service affiliated with the Republic of Korea concluded a contract with the Defendants for the contract amount of the instant construction work at KRW 8,064,406,00, with the Defendants’ joint supply and demand contractors as the Plaintiff, with the period of construction fixed from October 14, 2013 to February 5, 2015.

The Defendants completed the instant construction on February 5, 2015, and the Plaintiff completed the registration of ownership preservation on the instant building on May 15, 2015.

E. Meanwhile, on June 5, 2015, the Plaintiff filed an application with the Ulsan District Court for preservation of evidence as to the cause of the defect, method of repair, and cost of repair on the ground that defects, such as water leakage and ground subsidence, have occurred in the instant building.

(Ulsan District Court 2015Kaga10036). The above court received a request for the preservation of evidence on July 13, 2015, and appointed A as an appraiser.

The appraiser A submitted the appraisal results to the above court on September 23, 2015.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, 3, and 7 (including each number), the purport of the whole pleadings

2. The allegations by the parties and the determination thereof

A. The part which the Defendants, which caused the Plaintiff’s claim, should construct the instant building in accordance with the design documents.