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(영문) 창원지방법원진주지원 2016.09.06 2016가단1362
하자보증금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 15, 2004, the Plaintiff, interesting Construction Co., Ltd. (hereinafter “Stang Construction”), and Han Chang Construction Co., Ltd., Ltd. (hereinafter “Korea New Construction Co., Ltd.”) were awarded contracts from the Seoul Regional Land Management Office for the “Masan-Masan Construction” from Masan to the new Sin-Eup/Myeon in the Gun, by organizing a joint supply and demand organization (hereinafter “the Plaintiff, etc. of this case”) (hereinafter “the aforementioned three companies”).

B. Around 2013, the Plaintiff et al. concluded a contract with the Defendant for the construction cost of KRW 2,944,700,000 among the above construction works (i.e., the construction cost of KRW 818,400,00, and the construction cost of reinforced concrete partial construction cost of KRW 2,126,30,000) (hereinafter “instant construction contract”). The instant construction contract includes the following contents.

Article 23 (Defect Security) (1) The defendant shall pay the amount calculated by multiplying the contract amount by the warranty bond rate set forth in the contract by the contract amount, to the original, etc. after completion inspection until he/she is paid the price for the construction in cash or by the following certificate:

Provided, That this shall not apply where the payment of security deposit is not required due to the nature of the construction project.

1. A letter of guarantee issued by the Construction Mutual Aid Association, Specialized Construction Mutual Aid Association, Electric Construction Mutual Aid Association, Electric Construction Mutual Aid Association, or Fixed Telecommunications Mutual Aid Association.

(3) When the defendant fails to comply with a request for defect repair made by the plaintiff, etc. during the period of defect repair obligation under paragraph (2), the defect repair bond under paragraph (1) belongs to the plaintiff, etc

(4) A warranty bond under paragraph (1) shall be returned within ten days from the date the defendant's request is made, after the period for warranty expires.

C. The Defendant on December 2014.

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