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(영문) 서울남부지방법원 2016.01.20 2015가단7415
손해배상 등
Text

1. Defendant C’s KRW 24,352,80, and the Plaintiff’s annual rate from March 6, 2015 to January 20, 2016.

Reasons

1. Basic facts

A. On March 21, 2011, the Plaintiff contracted the contract amount to Defendant C (mutual: D) for civil engineering works among substantial repair works of E-building owned by the Plaintiff (hereinafter “instant civil engineering works”) to KRW 204,220,000 (value-added tax separately).

(hereinafter “instant contract”). (b)

In September 201, the instant civil engineering works completed in September 201, and there were defects such as the cracks of external concrete floors, retaining walls ruptures, floor subsidence, etc. in relation to the instant civil engineering works.

[Grounds for recognition] Class 4, 6, Eul evidence Nos. 8, the purport of the whole pleadings

2. Determination as to the claim against Defendant C

A. According to the fact that the liability for damages was established, Defendant C is liable to compensate for damages in lieu of defect repair as a contractor for the defects arising from the incomplete performance of the instant contract, unless there are special circumstances.

Defendant C agreed to the warranty liability period for the instant civil works for two years, and the warranty insurance policy to replace the defect with the warranty insurance policy, thereby issuing the warranty insurance policy issued by the Seoul Guarantee Insurance Co., Ltd to the Plaintiff and completing the completion of construction. The Plaintiff asserted that it is not acceptable to accept the Defendant’s liability by filing the instant lawsuit on February 13, 2015 after the expiration of the warranty liability period.

According to the above evidence, the plaintiff and the defendant C are liable for warranty regarding the civil works of this case as two years under the contract of this case. In order to guarantee the repair of defects, the above defendant shall pay to the plaintiff with a letter of guarantee issued by the guarantee insurance company, etc. after completion inspection of the warranty bond and payment of the price for the construction to guarantee the repair of defects (Article 28 (1) of the contract of this case). The above defendant is liable for the defect warranty period from the date when the plaintiff acquired the object of the construction and the completion date of the completion inspection to the date when the

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