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(영문) 서울고등법원 2015.04.28 2014나2027942
손해배상(건)
Text

1. Of the judgment of the court of first instance, Defendant Shin Young-young Co., Ltd., Defendant Heavy Construction Co., Ltd, and Defendant Construction Mutual Aid Association.

Reasons

1. In the first instance trial on Defendant D, the Plaintiff sought the payment of damages in lieu of the defect repair in relation to the landscaping work and damages due to incomplete performance. The court of first instance dismissed the claim for damages in lieu of the defect repair, and partly accepted the claim for damages due to incomplete performance.

Since only the above defendant appealed against this issue, the actual subject of adjudication by this court on the above defendant is limited to the claim for damages due to incomplete performance.

2. Basic facts

A. 1) The Korea National Housing Corporation shall be the 15-dong-dong 1314 apartment units, Bupyeong-gu, Incheon (hereinafter “instant apartment units”).

The Plaintiff is a seller newly built and sold. On October 1, 2009, the Plaintiff was the Korea National Housing Corporation and a public corporation established following the merger of the Korea Land and Housing Corporation, and the Korea Land and Housing Corporation (established by Act No. 9706, May 22, 2009) comprehensively succeeded to the assets, claims and obligations of the Korea Land and Housing Corporation, and other rights and obligations of the Korea Land and Housing Corporation (hereinafter referred to as the “Plaintiff”) pursuant to Article 8(1) of the Addenda.

2) Of the new apartment construction in this case, the Plaintiff received a contract from the Plaintiff for construction works of 4 sections, machinery and civil engineering works (hereinafter “construction works of 4 sections”) among the new apartment construction works of this case, and the Defendant Heavy Construction Co., Ltd. (hereinafter “Defendant Heavy Construction”) is a joint and several liability company under the said contract for the construction of 4 sections, machinery and civil engineering works (hereinafter “the instant construction works”). The Defendant Heavy Construction Co., Ltd. (hereinafter “Defendant Heavy Construction”) is a joint and several liability company under the said contract.

On April 30, 2010, Namyang Construction was ordered to commence rehabilitation procedures by the Gwangju District Court 2010 Mahap9, and the rehabilitation procedures are currently in progress after obtaining a decision to authorize the rehabilitation plan on December 27, 2010, and A and B.

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