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(영문) 서울중앙지방법원 2014.12.10 2013가합532734
손해배상(건)
Text

1. The Plaintiff:

A. Defendant Hanyang Co., Ltd.: 190,449,327 won and its related thereto, from August 27, 2013 to December 10, 2014.

Reasons

1. Basic facts

A. The Plaintiff comprehensively succeeded to the rights and obligations of the Korea National Housing Corporation on October 1, 2009, following a merger between the Korea National Housing Corporation and the Korea Land Corporation.

The Korea National Housing Corporation (hereinafter referred to as the "Korea National Housing Corporation") and the plaintiff shall be collectively referred to.

[Attachment] Busan Jin-gu A apartment (630 households, 630 households, hereinafter “instant apartment”).

(2) The construction of the instant apartment is jointly awarded a contract for the new construction of the instant apartment, and the Defendant Hanyang is a contractor for the new construction of the instant apartment after a split-off and split-off. (2) The construction of the instant apartment is a company that has acquired the bonds and obligations of the construction of the instant apartment, by acquiring the bonds and obligations as the contractor for the new construction of the instant apartment.

3) On March 19, 2002, the Defendant Construction Mutual Aid Association guaranteed the duty of repairing the defects of Bosung Construction, and the Defendant Seoul Guarantee guaranteed the duty of repairing the defects of Yong-Nam Construction. (B) On March 19, 2002, the Plaintiff entered into the instant contract for the construction of the instant apartment (hereinafter “instant contract”).

2) The main contents of the general terms and conditions of the instant contract are as follows. Article 34 (Deposit for Repair of Defects) (1) In order to guarantee the repair of defects of the construction works, the contractor shall be the amount calculated by multiplying the contract amount by the warranty bond rate stipulated in the contract (hereinafter “liability

Pursuant to the provisions of Article 62 of the Enforcement Decree of the Act and Article 72 of the Enforcement Rule of the same Act.

(2) Where a contractor receives a request for defect repair from a plaintiff during the warranty period under Article 33 (1), and fails to comply therewith, the warranty bond under paragraph (1) shall revert to the plaintiff.

(3) The plaintiff shall be governed by Article 35 (2).

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