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(영문) 부산고등법원(창원) 2015.09.17 2012나4353
하자보증금
Text

1. The plaintiff's incidental appeal, the defendant's appeal and the request for return of provisional payment are all dismissed.

2...

Reasons

1. Facts of recognition;

A. 1) Korea National Housing Corporation (Korea National Housing Corporation and Korea Land Corporation were merged on October 1, 2009 and the Plaintiff was newly established.

It does not leave before and after the merger and is referred to as "Plaintiff" only.

(2) On December 6, 2004, Daedong Comprehensive Construction Co., Ltd. (hereinafter “ Daedong Comprehensive Construction”)

2) The construction sections 2 of the reconstruction apartment (Nobmp apartment) construction project site in Seongbuk-gu Seoul Special Metropolitan City (hereinafter “instant District 1 District 2 Section”) shall be deemed to be the 1 District 2 District 1 District 2 District 1 District 1 District 2 District 2 District 2 District 1 District 2 District 2.

) The Section 4 (hereinafter “instant Zone 1”) is “instant Section 4.”

The terms and conditions of the contract to contract the construction, and the provisions related to the warranty bond in the said contract are as follows:

1. The term "contractor" means an employee of the plaintiff in charge of the work contract;

2. The term "contractor" means an individual or corporation that has entered into a contract for construction with the plaintiff;

7. Except as otherwise provided for in this condition, the Enforcement Decree of the Act on Contracts to Which the State Is a Party, the Special Cases Concerning the Enforcement Decree of the Act on Contracts to Which the State Is a Party, the former Government-Invested Institutions Accounting Rules (amended by Ministerial Ordinance No. 567 of Jun. 29, 2007), the Enforcement Rule of the Act on Contracts to which the State Is a Party, and the Public Notice for Tender.

Article 33 Repair of Defects (1) A contractor shall be liable to repair defects (limited to defects caused by mistake in the execution of the contractor) of the object of construction during the period prescribed in the contract pursuant to Article 60 of the Enforcement Decree of the Act on Contracts to Which the State is a Party from the date of the first arrival of the whole object and the date of completion of the completion of the completion inspection (hereinafter referred to as "liability warranty

(2) A contractor shall, upon receipt of notification of defect repair, immediately.

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