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(영문) 서울중앙지방법원 2018.02.09 2015가합567215
하자보수금
Text

The Plaintiff

A. Defendant Daelim Industry Co., Ltd., and Co., Ltd., 720,043,256 won in common and 201,000 won in common.

Reasons

Basic Facts

A. The relation 1) The Plaintiff is a well-being company of Korea Co., Ltd. (hereinafter “ well-known company”).

(2) From the perspective of the Republic of Korea, the building of this case is 105,570.73 square meters in total area, 105,570.73 square meters in size, 2 Dong [Dong-dong (Ground 1 to 7 floors), warehouse support Dong (Ground 2 to 4 floors), hereinafter referred to as “instant building”).

2) The Defendant Grand Forest Industry and Tho Lake (hereinafter referred to as the “Defendant Company”) constitute a joint supply and demand organization with the representative of the Defendant Grand Forest Industry in the manner of joint performance. The company constructing the instant building is the company.

(B) On May 30, 2011, the non-party company and the non-party company that entered into a contract for construction works of this case guaranteed the obligation to repair the defects of the building in this case by the Defendant Company. The construction period for the construction works of this case by the Defendant Company and the non-party company on May 30, 201, is 16 months from the date of the construction permission, and the construction price is 68,750,000,000 (including value-added tax; hereinafter the same shall apply) for the construction works of this case

) The warranty period is two years after approval for use for the entire project, waterproof (including water leakage), reinforced concrete, and elevator construction contract for the entire project (hereinafter referred to as the “instant contract for construction project”).

(C) On October 30, 2011, the construction price of the instant construction contract was increased to KRW 75,130,000,000. On October 14, 2012, the Defendant Company entered into a contract for the repair of defects and the construction of the instant building between the Defendant Construction Mutual Aid Association and the Defendant Company, on May 30, 201, guarantee agreement (hereinafter “instant guarantee agreement”) under which the payment of defects arising during each guarantee period is guaranteed within the scope of each guaranteed amount (hereinafter “instant guarantee agreement”).

The defendant Construction Mutual Aid Association established a warranty and issued a warranty to the non-party company. [The warranty period of the defendant Daelim Industry Guarantee.]

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