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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.
Reasons
1. Facts of recognition;
A. A. A subcontract for construction between the Defendant and the limited liability company (i.e., the subcontract for construction) a limited liability company (hereinafter “defensing construction”).
Around May 2007, the Defendant (hereinafter “instant apartment”) around 2007, to the Defendant (a limited company, at the time of the development of the Song Jong-gu Industries”) 541, Jin-gu, Seo-gu, Jinjin-gu, Seoul (hereinafter “instant apartment”).
(2) On September 14, 2007, the Defendant concluded a construction contract by setting the construction cost of reinforced concrete (hereinafter “instant construction”) out of the instant apartment construction project on September 15, 2007 on the date of commencing construction of the instant apartment construction project on September 15, 2007, and on March 31, 2008, the date of completion of construction, as KRW 5,730,000,00.
On March 29, 2008, the Defendant and Sungdong Construction entered into a modified contract on September 30, 2008 by changing the completion date of the said contract to September 30, 2008.
The defect warranty bond rate: 3% of the contract amount and (guarantee) defect warranty period: Article 27 of the three years (defect security) (1) the construction in Sungdong shall pay to the defendant the amount calculated by multiplying the contract amount by the defect warranty bond rate as stipulated in the contract in order to guarantee the defect repair of the construction works (hereinafter referred to as "liability warranty bond") after completion inspection and until the price for the construction works is paid in cash or by the guarantee certificate issued by
(2) Sexual Dong construction shall repair all defects incurred in the relevant construction during the defect liability period prescribed in the contract from the date on which the defendant takes over the whole object and completes the inspection of completion, whichever comes first.
Provided, That this shall not apply where a natural disaster, such as a natural disaster, or a cause not attributable to the construction of Dong and Dong occurs after the object of the construction is delivered.
(3) Where Sungdong Construction is requested by the defendant for the repair of defects under paragraph (2) from the defendant, and fails to comply therewith, the security deposit for repairing defects under paragraph (1) shall revert to the defendant.
(4) The defendant