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(영문) 서울중앙지방법원 2018.02.09 2016가합4834
구상금
Text

1. As to the Plaintiff’s KRW 208,816,767 and KRW 162,795,097 among the Plaintiff, Defendant Amateur Construction Co., Ltd.:

Reasons

1. Basic facts

A. The parties concerned are the executing company that newly constructs and sells 1,363 households in Yongsan-gu Seoul Metropolitan Government (hereinafter “instant main complex building”), and Defendant HoS Construction Co., Ltd. (hereinafter “SS Construction”) is the contractor that newly constructed the instant main complex building by being awarded a contract with the Plaintiff for the instant main complex building, and Defendant Construction Mutual Aid Association is the guarantee company that entered into a warranty contract with Defendant AS Construction and issued the warranty bond for the instant main complex building.

B. On July 29, 2002, the Plaintiff entered into a construction contract. On March 18, 2005, 2005, the Plaintiff changed its trade name to SP construction.

2) The contract for the construction of the instant building and the construction of the instant building (hereinafter “instant contract”).

(2) The instant contract was concluded. (2) The instant construction was determined as follows: “The instant construction bears the responsibility for repairing defects in accordance with the relevant provisions of the Framework Act on the Construction Industry from the completion date of the construction obligation (the date of issuance of the usage inspection certificate or the approval date of temporary use by the competent authority).” (Articles 23 and 25).

C. On December 28, 2005, in the event that Defendant GaS Construction and the Defendant GaS Construction Mutual Aid Association did not perform the obligation to repair defects even after receiving a claim for repair of defects in relation to the instant main complex building, Defendant GaS Construction and Mutual Aid Association concluded a contract for the repair of defects that Defendant GaS Construction Mutual Aid Association shall pay the guarantee creditor the warranty bond within the warranty period and the guaranteed amount indicated in the table below (hereinafter “instant guarantee contract”).

A) Defendant Construction Mutual Aid Association (hereinafter “instant guarantee”) under the said guarantee agreement

A) The warranty period of No. 1 B B, 205 is issued. The warranty period of No. 1 B, 2005 is from December 23, 2005 to December 22, 2006 (1) 461,078,099 2 C from December 23, 2005 to December 22, 2007 (2 year 461,078, 1993 DD 23, 2005 to December 23, 2005.

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