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(영문) 부산고등법원 2015.07.15 2014나7964
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff's rehabilitation debtor e.g., T&C Construction Corporation.

Reasons

1. The reasons for the court’s explanation concerning this case are as stated in the reasoning of the judgment of the court of first instance, except for the dismissal or addition of the following items among the judgment of the court of first instance. Thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 6, " November 11, 2012" in Part 14, and "rest damages" in Part 7, 3, are different from "rest damages", respectively.

Part 7 of Part 17 through 19 of Part 7 "(2)" shall be the same as the part "."

(2) On April 7, 2015, the administrator A of C&C Construction Co., Ltd. took over the instant litigation procedure for C&C construction. On April 7, 2015, B was appointed as the administrator of C&C construction and took over the lawsuit (hereinafter “Defendant C&C construction administrator B” for C&C construction as the administrator of C&C construction’s lawsuit for C&C construction.

) Of the part 10, Chapters 8 through 17, “(a)” and “(3)” in the part of “(2)” and “(3)” shall be applied to the following parts.

2) The warranty period for any construction work subject to the Framework Act on the Construction Industry is set by the Framework Act on the Construction Industry except as otherwise provided for in other Acts and subordinate statutes or separately provided for in any contract pursuant to Article 28(1) and (3) of the Framework Act on the Construction Industry. It does not apply to the warranty period for any construction work subject to the Framework Act on the Construction Industry (the warranty period for any contractor).

(See Supreme Court Decision 2006Da60236 Decided May 31, 2007). Meanwhile, Article 30 of the Enforcement Decree of the Framework Act on the Construction Industry explicitly states that the warranty period for each type of construction work under Article 28(1) of the Framework Act on the Construction Industry is the warranty period for each type of construction work, and the reason for setting the warranty period for the short term.

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