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Reasons
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(영문) 서울중앙지방법원 2018.11.21 2016가합555578
손해배상(기)
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1. The Plaintiff:

A. As to KRW 2,211,957,765 and its KRW 200,00,100 among Defendant B Co., Ltd., from October 1, 2016;

Reasons

1. Basic facts

A. The party’s status 1) The Plaintiff is a contractor who was awarded a contract with D and 37 persons for the construction of two units of G building (hereinafter “the instant multi-family housing”) on the land of the land of the Heung-gu E and F. 2) Defendant B Co., Ltd. (the first trade name was “H,” but was changed into “B,” a trade name as of April 2, 2013; hereinafter “Defendant Co., Ltd.”) is the subcontractor who was awarded a subcontract for the said construction (hereinafter “instant construction”) from the Plaintiff and the Defendant CF Financial Cooperative (hereinafter “Defendant Financial Cooperative”) guaranteed the Defendant Company’s obligation to repair defects in the instant construction.

B. On February 28, 2009, the Plaintiff entered into a subcontract for the instant construction project with the Defendant Company, and subsequently entered into a contract to modify the contract amount and the construction period of the said construction project several times from September 10, 209 to March 7, 2010 (hereinafter “instant subcontract”).

The final contract price for the instant subcontract is KRW 4,169,00,000, and the construction period is from February 8, 2009 to March 30, 2010.

C. On March 17, 2010, the Defendant Company entered into a contract on the instant guarantee of defect repair (hereinafter “instant guarantee contract”) with the Defendant Company to guarantee the obligation to repair the present works by setting the warranty amount of KRW 125,070,000, the warranty period and the warranty period from March 31, 2010 to March 30, 2012.

1) The Defendant Company performed the instant construction in accordance with the instant subcontract from April 2009 to October 2009, and the instant apartment house was completed on October 16, 2009. However, from the expiration of the winter on the outside wall of the instant apartment house, the phenomenon, such as dial color, contamination, rupture and damage, surface stuffing and stuffing, etc., on the stone used on the wall of the instant apartment house (hereinafter “the instant stone”).

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