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(영문) 서울서부지방법원 2018.01.31 2016가합32780
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) KRW 78,078,185 and its therefrom from June 15, 2016 to January 31, 2018.

Reasons

1. Facts of recognition;

A. Status 1) The Plaintiff is a factory on the ground D in Kimpo-si, Kimpo-si (hereinafter “instant factory”).

2) Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a contractor who constructed the instant factory, and the Defendant CCo. (hereinafter “Defendant Co., Ltd”) is a guarantor who issued a warranty bond for the instant factory on behalf of the Defendant Company.

B. 1) The Defendant Company newly constructs the instant factory from the Plaintiff on August 13, 2013 (hereinafter “instant construction”)

On May 2, 2014, after having been awarded a contract, the construction was completed, and obtained approval for the use of the instant factory from the Kimpo-si market. On the other hand, the general terms and conditions of the instant construction contract (hereinafter “general terms and conditions”).

(2) Article 31(2) of the Enforcement Decree of the Framework Act on the Construction Industry provides that “The Defendant Company shall repair all defects arising from the instant factory from the date of the Plaintiff’s acquisition of the instant factory and the date of the completion of the completion inspection (see, e.g., special conditions for the instant construction contract) to the date of the completion of the construction inspection (see, e.g., the Special conditions for the instant construction contract).” On August 13, 2013, the Defendant Company entered into a contract for warranty of defects (hereinafter “each guarantee contract of this case”) with the Defendant Company as the Plaintiff as to the instant factory, and issued each of the warranty warranty certificates as shown below.

[Attachment 1] The Guarantee No. 1 E 50,393,937 from May 2, 2014 to May 1, 2015, 2F 71,193,726 up to 1 year from May 2, 2014 to May 1, 2016, 3 G 64,862, 37 up to 2 years from May 2, 2016 to 3 G 64,862, 37 up to 186,450,003 of each of the instant guarantee contracts of this case within the warranty period from May 2, 2014 to May 13, 2017, "the Defendant Union" under Article 1 of each of the instant guarantee contracts of this case within the warranty period after the Defendant Company undergoes a pre-use inspection or a pre-use inspection within the warranty period.

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