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(영문) 부산지방법원 2017.08.10 2015가단71050
하자보수금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

(1) On November 5, 2010, the Plaintiff owned by Defendant B, as the Plaintiff, was the instant construction work for closing the building of the D Hospital on the ground of three lots of land outside Busan, Northern-gu, Busan, and three lots of land (hereinafter “instant hospital”).

the contract was entered into under which the contract was made, and the content thereof are as follows:

In addition, Defendant, Dongnam Elevator, Inc., and 'Defendant, Dongnam elevator'.

The joint and several sureties of defendant B affixed a seal to the above contract.

1. Name of the Corporation: The Hospital Closure Corporation in this case;

3. Details of construction works:

(a)compacting and resolving all civil and criminal cases that may arise at the site from October 8, 2010;

(b) Construction works for finishing the fourth floor above ground;

5. Period: Five months from the commencement date of construction.

6. Contract amount: contract amount entered into between the Plaintiff and the Defendant B on October 7, 2010 shall be maintained.

The amount of the b-contract construction project under the above paragraph (2) shall be the amount of the construction directly for the profit (15% of the direct construction cost) (the cost of materials for labor and industrial accident insurance premium).

7. Payment of the construction cost: The construction cost shall be paid on November 5, 2010, and the balance shall be paid by settling accounts after completion of the construction work.

D. After doing so, the Plaintiff and the Defendant Jeon Jintech Co., Ltd. (hereinafter “Defendant Jeon Jintech”) drafted, around December 201, a contract agreement that changes the contractor of the instant construction from Defendant Jeon Jintech to Defendant Jeon Jintech, on October 8, 2010.

(hereinafter referred to as the “instant construction contract”). In addition, the defendant Nam-dong elevator affixed a new contract seal to the joint and several sureties of the defendant Jeon Jintech.

Secondly, around September 201, Defendant South East elevator drafted a subcontract agreement with Defendant Jeon Jintech on the following terms:

1. Construction name: A new construction of a parkingta in the instant hospital and a construction of one rooftop extension work;

3. Details of construction works:

(a) New construction works of large RV 64 vehicles at parking ta;

(b) Bathing of the fifth floor;

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