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(영문) 서울중앙지방법원 2017.11.14 2016가단5266173
보증금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) Conclusion of the instant landscaped construction contract with the Plaintiff and the Plaintiff’s Intervenor (hereinafter “ Intervenor”).

(2) On June 13, 2012, the Plaintiff constitutes a joint supply and demand company (the Plaintiff 60% of the shares in the execution of construction, the Intervenor 40%) and, from the K non-Real Estate Trust Co., Ltd., this part of the detailed monthly apartment (hereinafter referred to as the “instant apartment”) located in Daegu Seo-gu, Seomun-gu, 132.

(2) On October 2014, the Plaintiff and the Intervenor entered into a new construction contract, and completed the completion of the instant apartment construction on October 16, 2014. Of the joint construction agreement entered into between the Plaintiff and the Intervenor (Evidence A), Article 9 (Defect 1) provides for the following matters:

(hereinafter “instant landscaped construction contract”). (b)

The landscape of the instant landscape guarantee agreement concluded with the Defendant on November 14, 2014 (hereinafter “instant landscape guarantee agreement”) refers to the case where: (a) the Intervenor, the guaranteed amount of KRW 77,133,705, and the warranty period for the repair of defects from November 11, 2014 to November 10, 2016, is below the warranty contract for the instant landscape guarantee agreement.

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