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(영문) 광주지방법원순천지원 2016.02.16 2013가단11861
공사대금
Text

1. The Defendant (Counterclaim Plaintiff Co., Ltd.) and the Defendant C jointly and severally with the Plaintiff KRW 26,417,00,00 and the Plaintiff’s share on June 2013.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a person who runs a construction business in the Gwangju-si, Jeonyang-si with the trade name of D.

The defendant corporation has an office in Seoul and is a company with the purpose of integrated marketing communication (services), mail order ( wholesale and retail), export and import (stage retail), marketing consulting (services), etc., and the defendant C is the only director of the above company.

B. On December 13, 2012, Defendant C was subject to registration conversion on June 11, 2013, with respect to the land above 660 square meters of land E in opticalyang-si, one of which was owned by the Defendant C, with the same Ri, 630 square meters on June 11, 2013.

On the ground, a building report was made with the content that a single house with a light steel structure is newly built (hereinafter referred to as “instant house”).

On February 16, 2013, the Plaintiff entered into a construction contract with Defendant C on the construction of the instant housing (hereinafter “instant construction contract”) and “A” among them, the Plaintiff’s corporate seal affixed to the Defendant Company Corporation, along with the statement “BC”. The upper part includes the address of the Defendant C, and the resident number of Defendant C and the Handphone number at the bottom.

The important parts of the contract of this case are as follows.

Article 2. The construction and completion of construction works (including value-added tax) of Article 3 shall be determined on April 18, 2013.

Article 4. Payment of 19 million won in down payment, intermediate payment of 19 million won, 24 million won in remainder, inspection of Article 6.

3. The final confirmation is referred to as the contractor A and B as the contractor B.

A project site shall be conducted in joint presence, and in the event of a defect, B shall be obligated to follow the direction of A, such as repair or re-construction, and repair and re-construction shall be borne by B, and the delay in completion shall be borne by B.

Article 7. Defect Assurance

1.B shall be liable for warranty of defects for three years from the date of completion of the object of this contract;

However, the defect bond is also a surety insurance policy issued by Seoul Guarantee Insurance Co., Ltd.

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