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(영문) 부산지방법원동부지원 2019.05.15 2017가단207002
하자보수금 등
Text

1. The Plaintiff:

(a) Defendant B Co., Ltd.: 40,177,992 and, as regards this,

B. Defendant C Union is the defendant B.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a five-story building located in Busan Shipping Daegu D and E neighborhood living facilities (hereinafter “instant building”).

(2) Defendant B Co., Ltd. (hereinafter referred to as “B”) operating a construction business is a company that executed the construction of the instant building (hereinafter referred to as “instant construction”) by being awarded a contract from the Plaintiff.

3) The Defendant C Union guaranteed the Plaintiff the obligation to repair the defects of Defendant B. (B) On April 21, 2014, the Plaintiff entered into a contract with Defendant B on the terms that the contract amount of the instant construction work is KRW 2.145 million, the construction period from April 21, 2014 to December 31, 2014 (hereinafter “instant construction contract”).

2) The Plaintiff and the Defendant, while changing the contract amount, construction period, etc. of the instant construction contract, concluded on March 24, 2015, finally changing the contract amount to KRW 2.39 billion, and the construction period to June 5, 2015 (hereinafter “instant change contract”).

The contract of this case (No. 3) contains the following contents. The contract of this case (No. 4) confirms that the contract of this case between the contractor and the contractor (contractor) is a smooth agreement between the contractor and the contractor with respect to the contract of this case, the contract of this case between the contractor and the contractor (contractor) and that the contract of this case is not subject to both civil and criminal objections on a subsequent basis, and the contract of this case is entered into the final contract (the third contract) as follows:

Final Revision - Other Matters: The contents of the above Final Revision Agreement reflects both changes in the construction details, quantity increase and decrease, construction period, etc.

1. A copy of the final statement of change;

C. Defendant B entered into the instant guarantee agreement with Defendant C to guarantee the obligation to repair the defects in the instant building, and Defendant B entered into the instant guarantee agreement from May 18, 2015 to May 17, 2017, the guaranteed amount of KRW 119.5 million, the warranty period, and the warranty period.

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