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(영문) 서울중앙지방법원 2016.11.04 2015가합521141
손해배상 등
Text

1. For the plaintiffs:

A. The construction of a comprehensive dialogue for Defendant Co., Ltd. shall be KRW 1,323,702,127 and KRW 387,22,480 among them.

Reasons

1. Basic facts

A. On June 11, 2012, the Plaintiffs entered into a contract for environmental improvement construction works with the Defendant Company on the instant plant located in the 27-ro, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si (hereinafter “instant plant”). Of the terms and conditions of the said contract, the part relating to the instant issues is as follows.

The name of the construction project: the warranty period for the environmental improvement of the Chungcheong Factory in the KRC case: Article 2 (Details of Contracting Affairs and Contract Documents) of the terms and conditions of the contract for the construction works. (1) The contract for the construction works shall be composed of the contract for the construction works, the terms and conditions of the contract for the construction works, the design (referring to the construction specifications, the design drawings, the site descriptions, etc.; hereinafter the same shall apply) and the calculation sheets, and shall have the effect

Article 22 (Maintenance of Defects) (1) B (referring to the defendant company) shall be liable to repair defects in the whole objects of construction for the period fixed in the contract from the date of receipt of the whole objects of construction and the date of completion of the completion inspection, whichever comes first.

(2) B shall, when it receives a notice of defect repair, carry out the repair work immediately, and notify Gap (referring to the plaintiff) of an investigation report on the cause of such defect, the current status of such defect, opinions on the method of defect repair, and other necessary matters.

The defendant completed the construction of this case around December 28, 2012.

B. On December 28, 2012, the Defendant Company entered into a contract with the Defendant Construction Mutual Aid Association (hereinafter “Defendant Mutual Aid Association”) to guarantee the obligation to repair defects of the instant construction works by setting the warranty period from December 28, 2012 to December 27, 2014, each of the Defendant Company’s warranty period from December 28, 2012 to January 26, 2015 (hereinafter “instant warranty contract”) and submitted the warranty bond to the Plaintiffs by obtaining the warranty bond from the Defendant Mutual Aid Association (hereinafter “Defendant Mutual Aid Association”).

attached to the above warranty bond.

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