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(영문) 서울중앙지방법원 2015.09.16 2014가합516432
손해배상(기)
Text

1. The plaintiffs, Defendant Mream Construction Co., Ltd., respectively, and Defendant Specialized Construction Co., Ltd., Defendant Specialized Construction Co., Ltd., and Defendant Specialized Construction Co., Ltd.

Reasons

1. Basic facts

A. On March 21, 2011, the Plaintiffs were awarded contracts in KRW 18,832,026,980 for the construction of the “Postal Information Center” to the 360-4 U.S. in the Republic of Korea (Korea Post, Korea Post, Ministry of Knowledge Economy) from the Non-Party Republic of Korea (Demanded Agency: Postal Service Procurement Office).

B. On August 7, 2012, the Plaintiffs awarded a contract to the Defendant Company for landscaping planting and facility construction (hereinafter “instant subcontracted construction”) at KRW 1,381,60,000 for the said construction work. On the same day, the Defendant Company entered into a warranty contract with the Defendant Company for the subcontracted construction in the instant case as the guarantee creditor, the guaranteed amount of KRW 69,88,500, and the guarantee period from December 30, 2012 to December 30, 2014 (hereinafter “instant warranty contract”), and the Defendant Company submitted a warranty bond under the said warranty contract to the Plaintiffs.

C. Around December 30, 2012, the Defendant Company completed the instant subcontracted project, and thereafter, from June 2013, the Defendant Company with the same trees as those indicated in the attached Form Dag as the Defendant Company planted, and with turdy tested from around June 2013.

(hereinafter “the instant death”). D.

From June 13, 2013 to November 12, 2013, the Plaintiffs demanded the Defendant Company to pay remunerations by notifying the Defendant Company of the fact that trees and turfs were dead. Accordingly, the Plaintiffs, the Defendant Company, and the related parties of Korea Post were to hold a meeting for countermeasures by gathering, but the Defendant Company did not replace the dead trees and turfs.

E. On November 18, 2013, the Plaintiffs entered into a separate landscape planting construction contract with Non-Party 15,500,000 (hereinafter “Non-Party 1”) on a price basis between Non-Party 1 and Non-Party 115,50,000 (hereinafter “Non-Party 1”) and the Non-Party 2 paid half of the price to Non-Party 2 after the completion of the said construction.

F. The Plaintiff Dom Co., Ltd. is the Defendant Company Haddi.

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