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(영문) 창원지방법원진주지원 2014.05.14 2012가합1149
손해배상(기)
Text

1. The Plaintiff:

A. Defendant Han-chul Co., Ltd.: 451,281,189 won and its related amount from June 22, 2012 to May 14, 2014

Reasons

1. Basic facts

A. The pertinent Plaintiff is the contractor of the landscaping project (hereinafter “instant landscaping project”) among the construction works for the instant golf course B B (hereinafter “instant golf course”), and the Defendant Han-chul Co., Ltd. (hereinafter “Defendant Han-chul”) is the contractor of the said landscaping project, and the Defendant Han-chul Engineering Co., Ltd. (hereinafter “Defendant Han-chul”) is the supervisor who is in charge of the construction supervision of the said golf course construction works, and the Defendant Han-chul Engineering Co., Ltd. (hereinafter “Defendant Han-chul”) is the supervisor who is in charge of the construction supervision of the said golf course construction works, and the Defendant A is

B. On June 10, 2009, the Plaintiff entered into the instant contract for the change of the contract for the landscaping project between the Plaintiff and the Defendant Han Gyeong-chul (hereinafter “instant contract for the change of contract for the landscaping project”). After that, on October 5, 2010, the Plaintiff entered into the instant contract for the change of contract for the construction project with the Defendant Han Gyeong-Gyeongng, and thereafter, on October 5, 2010 through the change contract with the Plaintiff and the Defendant Han Han

AB concluded the agreement.

Standard contract for change of private construction works

3. Period of construction: 10,179,521,000 won (including value-added tax) from June 10, 2009 to June 30, 201;

7. Period of warranty for defects: Article 21 (Security for Defects) (2) of the General Conditions of the Contract for Private Construction Works for two years from the date of completion, the defendant Han-chul shall repair all defects incurred in the relevant work during the period of warranty for defects stipulated in the contract from the date of completion of the inspection of completion;

Provided, That the same shall not apply where a natural disaster, such as a natural disaster, or a cause not attributable to the defendant Han-chul occurs after the object of the construction is delivered.

Article 27 (Settlement of Disputes) (1) Except as otherwise provided for in a contract, any dispute on the matter arising out of a contract shall be settled by both parties by mutual agreement.

(2) If agreement under paragraph (1) is not reached, the parties concerned shall apply for mediation of the dispute to the Construction Business Dispute Mediation Committee established under Article 69 of the Framework Act on the Construction Industry.

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