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(영문) 수원지방법원 2016.06.09 2014가합63448
손해배상(기)
Text

1. The Defendant’s KRW 180,547,531 as well as 6% per annum from May 3, 2014 to June 9, 2016 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. On November 16, 2010, the Plaintiff entered into a contract for construction works (hereinafter “instant contract”) with the Defendant and the Defendant’s construction works to construct the instant building B and C ground D (hereinafter “instant building”) in Sungnam-si, Sungnam-si, and drafted a contract agreement containing the following (hereinafter “instant contract”). A standard contract for construction works (additional portion) for private sector (hereinafter “instant contract”).

8. The warranty bond and the period of warranty: Article 28 of the General Conditions for the Two-year Contract (Guarantee of Defects) (1) "B" shall pay the amount calculated by multiplying the contract amount by the warranty bond stipulated in the contract (hereinafter referred to as "guarantee bond for defects") to guarantee the repair of defects of the construction works (hereinafter referred to as "contractor") in cash or a letter of guarantee issued by the guarantee agency referred to in the subparagraphs of Article 4 (2) until the payment of the consideration for the construction works is made after the completion inspection;

(2) The term "B" shall repair all defects incurred in the relevant construction during the period of warranty liability stipulated in the contract from the first date of the receipt of the entire object and the completion date of the inspection of the completion thereof.

Provided, That this shall not apply where a cause, such as a natural disaster, occurs after the delivery of the object of the construction, or a cause not attributable to "B".

(3) Where "B" is requested by "A" to repair defects under paragraph (2) and fails to comply with such request, the security deposit for repairing defects under paragraph (1) shall revert to "A".

(4) The term "A" shall, when the defect liability period expires, return the bond for defect repair under paragraph (1) at the request of "B".

Provided, That in the case of a construction project in which different types of construction work are combined, the warranty bond for the construction work for which the warranty period for each type of construction has expired shall be returned immediately upon request of "B".

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