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(영문) 서울중앙지방법원 2017.02.08 2015가합572002
손해배상(기)
Text

1. Defendant Dasung Construction Co., Ltd. shall pay to the Plaintiff KRW 335,89,625 as well as its full payment from October 21, 2016.

Reasons

1. Basic facts

A. 1) The Korea National Housing Corporation shall enter into a contract for joint and several sureties and a joint and several sureties 3 complex apartment (hereinafter “the apartment of this case”) located in 279, Tae Tae-si, Tae-si.

The Plaintiff is an executor who newly built and sold the land in lots. On October 1, 2009, the Plaintiff comprehensively succeeded to the property, claims, and other rights and obligations of the Korea National Housing Corporation (hereinafter referred to as the “Plaintiff”) to a public corporation established following the merger between the Korea National Housing Corporation and the Korea Land Corporation (hereinafter referred to as the “Korea National Housing Corporation”).

(2) On October 19, 2001, the Plaintiff entered into a contract for the construction, machinery, and civil engineering (hereinafter “instant contract”) of the instant apartment construction (hereinafter “instant apartment construction”) with Defendant Doman Construction (hereinafter “Defendant Doman Construction”) (hereinafter “instant construction”) on January 24, 2007, when the trade name was changed from “Defendant Doman Construction”) and two Jin Construction Co., Ltd. (hereinafter “Defendant Hajin Construction”).

Defendant A general construction (hereinafter “Defendant AD comprehensive construction”) was changed from “ Han River Construction Co., Ltd.’ to December 14, 2006, and changed from “ Han River General Construction”) to December 14, 2006; hereinafter “Defendant AD comprehensive construction”) jointly and severally guaranteed the obligations under the instant contract.

B. As to the instant construction project, Defendant Dow Construction Co., Ltd. entered into a warranty contract, and Defendant Dow Construction Co., Ltd. and Defendant Dow Construction Co., Ltd. entered into each of the following warranty contracts between Defendant Dow Construction Co., Ltd. and Defendant Dow Construction Co., Ltd. on September 3, 2004, July 21, 2004, and Defendant Electric Construction Co., Ltd. and issued each of the warranty bonds to the Plaintiff.

The guaranteed amount by classification of guarantee period of No. 500 columns and bearing walls 25,500, 190, 24,500, 183 50,000, 373 25 years, floor and 25 years, 110, 190, 190, 183.

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