beta
(영문) 서울중앙지방법원 2019.10.24 2018가단5273854

하자보수보증금

Text

1. The Defendant’s KRW 121,440,00 for the Plaintiff and its related KRW 15% per annum from January 3, 2019 to May 31, 2019, and June 1, 2019.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff (the Plaintiff was merged with C Co., Ltd. on January 6, 2014).

The merger does not distinction from C Co., Ltd. before the merger, and all “Plaintiffs” are deemed to be all “Plaintiffs”.

D Co., Ltd. (hereinafter “D”) on June 28, 2013

D) by October 31, 2013, the E Corporation (hereinafter “instant Corporation”)

(2) The Plaintiff shall enter into a contract with D to pay KRW 2,208,00,00 (excluding value-added tax) to D (hereinafter referred to as “first contract”).

(2) On October 31, 2013, the Administrator of the National Maritime Affairs and Port Office of the Republic of Korea approved the use of buildings in accordance with the instant construction.

3) On November 27, 2013, the Defendant entered into a contract with D for the repair of defects, and issued and delivered to the Plaintiff a warranty bond of KRW 121,440,000 in the future of the guaranteed amount. Article 1 (Guarantee Liability B Mutual Aid Association) of the Mutual Aid Association (hereinafter “Mutual Aid Association”) (hereinafter “Mutual Aid Association”).

) The contractor (hereinafter referred to as the “debtor”) shall:

(B) fails to comply with a request for the performance of repair of defects arising out of design documents at the time of completion of the inspection within the warranty period after undergoing the inspection or inspection of the front description work, etc. (hereinafter referred to as “guarantee accident”).

(1) the other party (hereinafter referred to as “guaranteeing creditor”)

The Mutual Association shall pay on behalf of the Company any obligation or pay the relevant security deposit in accordance with the terms and conditions set forth in this Guarantee Form. Article 2 (Reasons for Non-performance of Guarantee Obligations) The Mutual Association shall not pay the security deposit in any of the following cases:

(b) designate.

참조조문