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(영문) 광주고등법원(전주) 2019.01.10 2017나12528
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

Defendant B and C shall jointly and severally serve as the Plaintiff 512,221.

Reasons

1. Facts of recognition;

A. The Plaintiff (Defendant Company I) (formerly: hereinafter “Defendant Company”) is the Defendant Company B (hereinafter “Defendant Company”) around March 2012 after receiving a supply of and demand for the construction of G golf courses from Company E, and around March 2012.

2) The instant construction works are as follows: (a) the instant construction works are as follows: (b) the instant construction works are as follows; (c) the term “instant construction works”

(2) From March 12, 2012 to May 31, 2013, Defendant C, the representative director of the Defendant Company, subcontracted the construction period to three years, including the construction cost, 4,750,80,000 won (including value-added tax) and the warranty period. (2) The Defendant C, the representative director of the Defendant Company, guaranteed the Defendant Company’s obligation under the instant construction contract.

3) Around May 20, 2013, the Defendant Company completed the instant construction work. Upon settling the construction cost on May 20, 2013, the Plaintiff and the Defendant Company changed the construction cost to KRW 4,743,100,000 of the said subcontract, and the construction period from March 12, 2012 to May 20, 2013. (B) The Defendant Company entered into a warranty contract with the Defendant D Association (hereinafter “Defendant Association”) as to the instant construction work, and submitted a warranty guarantee agreement with the Plaintiff and the warranty period from May 20, 2013 to May 19, 2016 (hereinafter “instant contract”) to the Plaintiff under the warranty contract with the Defendant Association (hereinafter “Defendant Association”).

Article 1 (Guarantee Responsibility) (1) The Defendant Union guarantees the payment of warranty bonds in accordance with the terms and conditions of the warranty contract as stated in the letter of guarantee and in respect of the guarantee accident arising under the front

(2) Under this terms and conditions, the term of warranty incident means that the defendant company fails to comply with the claim of the defendant company within 15 days from the expiration date of the term of warranty liability due to construction in violation of design drawings and specifications or other instructions.

Article 4 (Extent of Performance of Guaranteed Obligations) (1) The deposit to be paid by the Cooperative shall be stated in this guarantee.

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