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(영문) 서울중앙지방법원 2015.06.12 2013가합550824
손해배상(기)
Text

1. The Defendant New Sea, Simsu Development Co., Ltd. shall pay to the Plaintiffs the full amounting to KRW 972,620,000 and its full payment from November 22, 2013.

Reasons

1. The facts subsequent to the facts do not conflict between the parties, or are acknowledged by taking account of the whole purport of the pleadings as a whole in the descriptions of Gap evidence 1-1-4, Gap evidence 2-1-2, Gap evidence 6, Gap evidence 12, Gap evidence 13-1 and 2.

A. On November 2008, the Plaintiff and the non-party Gyeongnam Company Co., Ltd. (hereinafter “Gyeongnam Company”) concluded a joint supply and demand agreement with respect to the construction project of 5-2 and 6 block per share (hereinafter “instant construction project”) ordered by the Gyeonggi-do Urban Corporation.

B. On December 8, 2009, the Plaintiff and Gyeongnam Company subcontracted the construction of landscaping planting and facilities (hereinafter “instant construction”) among the instant construction projects to the Defendant New Sea-Syun (hereinafter “Defendant Company”).

(hereinafter “instant construction contract”). The warranty period under the instant construction contract is two years.

C. On January 4, 2011, the Defendant Company concluded a contract on the instant construction contract with Defendant Specialized Construction Mutual Aid Association (hereinafter “Defendant Specialized Construction Mutual Aid Association”) and issued the instant construction contract to the Plaintiff Specialized Construction Co., Ltd. (hereinafter “Korea Specialized Construction”) as stipulated in the instant construction contract.

The secured creditor of the instant warranty bond is the Plaintiff Hanhwa Construction. The guaranteed amount is KRW 163,663,196, and the warranty period is from January 1, 201 to December 31, 2012.

On the other hand, on November 3, 201, the Plaintiff and Gyeongnam Company contracted the Defendant Company with the service of maintaining and managing the vegetation of trees planted by the instant construction.

(hereinafter referred to as “instant management contract”). (e)

From August 23, 2011, the Plaintiff and Gyeongnam Company requested the Defendant Company to repair the defects of the instant construction work.

In addition, on November 22, 2012, the Plaintiff Hansan Construction is the case to the Defendant Union.

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