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(영문) 서울중앙지방법원 2015.01.28 2014가합513693
손해배상(기)
Text

1. The Plaintiff:

A. Defendant Ho-nam Enterprise Co., Ltd., and Han-yang Co., Ltd. shall be jointly and severally 361,095,776 won and its corresponding amount.

Reasons

1. Basic facts

A. 1) The Korea National Housing Corporation is the party to the case. The Korea National Housing Corporation is the 21 1,343 apartment complex 21, Dong-dong 21, 1343 apartment complex in Ansan-gu, 1536, Dong-dong. (hereinafter “the apartment of this case”).

The Plaintiff is a business entity that constructed and sold land in units. On October 1, 2009, the Plaintiff comprehensively succeeded to the property, claims, debts, and other rights and obligations of the Korea National Housing Corporation (hereinafter collectively referred to as “Plaintiffs”) pursuant to Article 8(1) of the Addenda to the Korea National Housing Corporation (established by Act No. 9706, May 22, 2009) as a public corporation established following the merger between the Korea National Housing Corporation and the Korea Land and Housing Corporation.

2) The Defendant Hanyang Co., Ltd. (hereinafter “Defendant Hanyang”) contracted part of the landscaping work (hereinafter “instant landscaping work”) among the construction work of the instant apartment (hereinafter “instant construction work”) from the Plaintiff. Defendant Hanyang Co., Ltd. (hereinafter “Defendant Hanyang”) is a joint and several surety for the said construction work, etc., and the Defendant Additional Construction Co., Ltd. (hereinafter “Defendant Additional Construction Co., Ltd.) contracted part of the landscaping work (hereinafter “instant landscaping work”) from the Plaintiff, and the Defendant Additional Construction Co., Ltd. (hereinafter “Defendant Additional Construction”) guarantees each of the defect repair duties of Defendant Honam Co., Ltd. and additional Construction Co., Ltd. (hereinafter “Defendant Additional Construction”).

B. On December 26, 1997, the Plaintiff awarded a contract for the instant civil engineering works, etc. to Defendant Chungcheongnam-nam Company (hereinafter “instant contract”). (A) On December 26, 1997, the Plaintiff was awarded a contract for the instant civil engineering works.

2) On the same day, the Defendant additional Construction awarded the instant landscaping construction contract to the Defendant Additional Construction (hereinafter referred to as the “instant second contract”). In sum, the “each of the instant contracts” is deemed to be “each of the instant contracts.”

The defendant Han-yang is against the plaintiff of the defendant Kim Jong-nam company.

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