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(영문) 인천지방법원 2016.01.08 2014가합54980
손해배상(기)
Text

1. Of the instant lawsuit, the manager B of Defendant SSB Construction Co., Ltd. and the Debtor Rehabilitation obligor Samdo Construction Co., Ltd.

Reasons

1. Basic facts

A. 1) The Korea National Housing Corporation is a party to the case. The Korea National Housing Corporation is the Hancheon-gu D apartment (hereinafter “instant apartment”).

The Plaintiff, a public corporation established on October 1, 2009 following the merger between the Korea National Housing Corporation and the Korea Land Corporation, comprehensively succeeded to the property, claims, and obligations of the Korea National Housing Corporation (hereinafter “Plaintiff”), instead of distinguishing between before and after the merger.

2) Defendant Escar Construction Co., Ltd. (former trade name: hereinafter “Defendant Escar Construction”) is the contractor of the instant apartment construction among the instant apartment construction works, and Defendant A is the contractor of the landscaping part among the instant apartment construction works, and Cscar Construction Co., Ltd. (hereinafter “Cul Construction”) is the joint and several liability company under the Defendant Escar Construction and A’s above contract obligations, and Defendant Escar Construction Mutual Aid Association (hereinafter “Defendant Association”) guarantees Defendant Escar Construction and the repair of defects in the instant apartment.

B. On March 29, 2001, the plaintiff entered into the contract of this case and the joint and several sureties contract of this case with Defendant New Construction, and with A, the contract amount of the apartment construction of this case is KRW 42,475,210,00,00, the date of completion, the date of completion: Civil engineering, construction, machinery, indoor electricity, communication: October 26, 2002; Civil engineering equipment: September 27, 2002; Public structure and play: On March 15, 2003; on March 29, 2003; on March 29, 2003; on October 30, 2004, each contract was concluded; on the basis of joint and several sureties supply and demand agreement, Defendant New Construction was jointly and severally liable for each of the above construction works; and on the basis of the sharing method, Defendant New Construction was jointly and severally liable for each of the construction works.

C. The conclusion of the instant contract for the repair of defects is based on Defendant New Construction.

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