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1. The Plaintiff:
A. Defendant AM Construction Co., Ltd.: KRW 138,057,555 and its corresponding base on November 1, 2013.
Reasons
1. Basic facts
A. On February 15, 2007, the Plaintiff is an executor who was entrusted with the land of 276-2 and 350 households (hereinafter “the apartment of this case”) from the New Zealand Co., Ltd. (formerly, the title of the Plaintiff was “Yannam-gun Co., Ltd,” and hereinafter “New Zealand”) and constructed the 5-dong and 350 households (hereinafter “the apartment of this case”).
B. (1) On April 25, 2007, the Plaintiff entered into a contract on the instant apartment construction and the construction of the instant apartment complex. However, on October 28, 2008, the Plaintiff waived the construction right on December 17, 2008, on the ground that the construction of the instant apartment complex was no longer carried out due to business deterioration, etc. (hereinafter “instant contract”). Accordingly, on December 17, 2008, the Plaintiff entered into a contract for the construction period of the instant apartment construction with the Defendant ASM Construction (hereinafter “Defendant ASM”) up to November 30, 2009 from the date of entering into the contract to November 30, 2009, the contract amount is KRW 37,989,638,460 (including value-added tax) (hereinafter “instant contract”). The main contents are as follows.
Article 22 (Maintenance of Defects, etc.) (1) Defendant ASM shall be liable to repair defects (including defects in construction due to defects in design documents, etc.) during the warranty period prescribed in the contract from the date of completion of the completion inspection.
In addition, it refers to the construction of investment banks in the previous construction company.
The entire objects of the construction (including resting facilities, school support facilities, and urban planning road construction works), including the construction portion, shall be responsible for repairing defects.
Article 36 (Compensation, etc. for Damages) (1) Defendant ASM shall be liable for damages incurred to the employees, employees, subordinate recipients, etc. of Defendant ASM in connection with the construction work prior to or after delivery of the objects of the construction work, and after completion of the construction work, and shall be injured or otherwise injured.