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(영문) 수원지방법원 2016.05.18 2015가단107393
하자보수금
Text

1. The Defendant’s KRW 30,000,000 and its amount are 6% per annum from March 17, 2015 to May 18, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 11, 2011, the Plaintiff (formerly: Bosung Construction Co., Ltd.) and Samsung Construction Co., Ltd. (hereinafter referred to as the “BG”) were awarded contracts jointly by the Korea Highway Corporation for the maintenance and repair of facilities within the business territory of the Gyeonggi District Headquarters in the amount of KRW 9,537,693,137.

B. On July 1, 2011, the Defendant changed the period of completion on November 5, 201 by December 23, 2012, 201, from the Plaintiff and the construction for the construction for the construction for the replacement of a sound recording system within the jurisdiction of the Sungsung branch, the construction cost of KRW 219,560,00, the construction period from July 1, 201 to November 5, 201, and the construction period of KRW 5 years from the completion date of the defect repair period.

C. On December 23, 2011, the Defendant completed the subcontracted project, and issued a warranty period prescribed by the Specialized Construction Mutual Aid Association from December 24, 201 to December 23, 2016 for the warranty for the repair of defects, and submitted it to the Plaintiff and the construction for pair.

On December 2, 2012, there was a defect in which the Defendant replaced a newly built sound unit and removed concrete, and there was a defect in rupture or department of concrete on the part of the 1st intersection of the coast of the highway, which was in the building of concrete. There was a dispute between the Plaintiff and the Defendant as to the cause of defect.

E. Around January 2013, the Plaintiff had an enterprise selected by the Plaintiff conduct the repair of defects on behalf of the Defendant, and then claimed KRW 1,061,00 to the Defendant for the cost of repairing defects, and the Defendant paid KRW 77 million on May 15, 2013.

F. Around May 2014, there was a defect in which the part of the Busan High School on the coast and the part of the Busan High School and the part of the 1st intersection on the Pyeongtaek-Seoul High Road, which the Defendant constructed, are ruptured or the department of concrete, and the Plaintiff requested the repair of the defect to the Defendant, but the Defendant did not comply with this.

G. Accordingly, the Plaintiff, from May 30, 2014 to June 18, 2014, had this case-conconcept Co., Ltd. perform the defect repair work, and KRW 30 million for the construction cost on January 6, 2015.

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