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(영문) 서울중앙지방법원 2013.02.20 2012가합90790
보증금
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. On April 1, 2003, the Plaintiff, the Intervenor, the Defendant, and the Hansan Construction Co., Ltd. (hereinafter referred to as the “Korean Commercial Construction”) determined the investment ratio as Plaintiff 14%, the Defendant’s Intervenor 73.5%, and the Hansan Construction Co., Ltd. as 12.5%, and constituted a joint supply and demand organization in the joint performance method, which was concluded on April 1, 2003 with the Public Procurement Service that designated the procuring entity from the Public Procurement Service for the construction cost of KRW 5,063,965,00 (hereinafter referred to as the “instant construction”) and completed the instant construction work on November 30, 206.

B. During the process of concluding the instant contract, the Plaintiff, the Intervenor, and the Hanhwa Construction agreed to designate the representative of the joint supply and demand organization as the Defendant joining the Defendant, and jointly and severally assume the obligation under the instant contract and the liability for warranty against the defects arising in the instant construction work.

C. On December 28, 2006, the Plaintiff entered into a contract with the Defendant for the repair of defects, including the details of the attached defect liability contract, individually with the Defendant, in order to guarantee the obligation to repair defects that the Defendant bears according to the instant contract by making Ansan-si as the guarantee creditor on December 29, 2006, respectively, as well as the Defendant’s Intervenor’s Intervenor’s Intervenor and the Han

(A) The contract between the Defendant and the Defendant for the repair of defects (hereinafter referred to as the “instant contract for the repair of defects”) is d.

After the completion of the construction of the instant construction, continuous invasions occurred to the ground tracks in the Ansan-si General Stak Stak Staks, and as a result, it failed to obtain the official approval of the first-class land stadium, Ansan-si requested the Defendant to make a reservation of the warranty liability period under each of the above warranty contract on May 6, 2008, and on February 10, 201, February 21, 201, the Plaintiff, the Intervenor, the Intervenor, and the Hansan Construction to the Plaintiff, the Intervenor, and the Hansan Construction (hereinafter “instant defect”).

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