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(영문) 서울남부지방법원 2018.11.27 2017가단210079
구상금
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) from February 7, 2017 to April 25, 2017, as well as KRW 90,603,850.

Reasons

1. Basic facts

A. The Plaintiff (1) was awarded a contract from F on February 25, 2011 for the new construction of H kindergarten located in Suwon-gu G in Suwon-si (hereinafter “instant new construction of the building”).

(2) Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company for the purpose of creative manufacturing, glass construction, etc., and Defendant C Co., Ltd (hereinafter “Defendant C”) is a company for the purpose of glass installation construction business, etc.

Defendant D is a person who operates equipment business, etc. under the trade name of “I”.

B. (1) With respect to the construction of the instant building, the Plaintiff entered into a subcontract with Defendant B on June 10, 201 with regard to the construction of the instant building, with the terms of “original and miscellaneous construction” as “220 million won” and “two-year warranty period.” On November 3, 2011, the Plaintiff entered into a subcontract with Defendant C with regard to the term “ glass construction” as “five five million won” and “the warranty period shall be governed by the Framework Act on the Construction Industry” (hereinafter “instant glass subcontract”). On March 18, 2011, the Plaintiff entered into a subcontract with Defendant C with regard to “the date of the fire-fighting and swimming pool construction work” as “the subcontract amount of the subcontracted amount of KRW 350 million” and “two years” as “the warranty period of defect warranty period” (hereinafter “this case’s subcontract for the construction work”).

(2) On December 27, 2011, the Plaintiff filed an application for approval for use of the instant building with the Suwon City Mayor, and obtained approval for use from the Suwon City Mayor on January 6, 2012.

C. On March 14, 2012, F, including the repair of the instant building, settled the remainder of the construction cost for the construction of the instant building at KRW 50 million with the Plaintiff and the instant building construction cost at KRW 550 million, and the Plaintiff entered the details of the work list inspection and the list of construction errors.

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