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(영문) 대전지방법원 2016.09.30 2013가합7251
구상금
Text

1. The Defendant’s KRW 32,171,273 as well as 5% per annum from July 11, 2013 to September 30, 2016 to the Plaintiff.

Reasons

Facts of recognition

On October 1, 2009, the Plaintiff entered into the instant construction contract with the Korea Land and Housing Corporation (the Korea Land and Housing Corporation was established under the Korea Land and Housing Corporation Act, but the Korea Land and Housing Corporation comprehensively succeeded to the rights and obligations of the Korea Land and Housing Corporation) and entered into a contract on the “B apartment (C apartment, hereinafter “instant apartment”) landscaping construction,” and on August 22, 2009, subcontracted the construction cost of the instant construction to the Defendant for the period of 658,700,000, and the period of warranty liability for defects was two years from the date of completion.

After November 12, 2009, the above construction cost was changed to KRW 643,730,000.

Accordingly, the defendant started the construction of this case on September 7, 2009 and completed the construction work on November 2009.

The Management Office of the instant apartment (hereinafter referred to as the “Management Office”), such as the request for repairing the defects of the instant construction works and the agreement related thereto, shall be extracted by a large number of the items subject to planting of the instant construction works to the Plaintiff on several occasions, including May 14, 2010 and August 25, 2010, July 5, 2011, and October 31, 201.

or to the extent that the person was killed;

In addition, the defect repair was requested because it was not fooded.

On November 15, 201, the Plaintiff notified the Defendant of the defective quantity of 1,393 share of trees and turd (hereinafter “the 1st defect content”) including seven shares of the invoice, and requested the Defendant to pay remuneration by November 20, 201.

However, the defendant only performed only some of them, and did not repair the whole of the requested matters.

On March 29, 2012, the Plaintiff requested the Defendant to attach the present condition of defects that have not been performed, and to perform this.

As a result, the following meetings related to the repair of defects were held.

The plaintiff and the defendant are related to repairing defects on April 7, 2012 with the head of the management office.

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