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(영문) 서울고등법원 2017.07.04 2017나2006083
손해배상(건)
Text

1. The part of the judgment of the court of first instance regarding the defendant Yangyang Construction Industry shall be revoked;

Plaintiff Co., Ltd.

Reasons

1. Basic facts

A. The Plaintiff’s status Korea National Housing Corporation (the Plaintiff became the Plaintiff in consequence of a merger with Korea Land Corporation on October 1, 2009, and the Plaintiff comprehensively succeeded to the rights and obligations of the Korea National Housing Corporation; hereinafter “Plaintiffs”) constructed and sold an apartment complex of 11-dong 73 apartment complexes of amamamamama Village 14, Dong-dong 674 (hereinafter “the apartment complex of this case”).

B. On February 23, 2004, Defendant Dongyang Construction and Co-Defendant Cheongdo Construction Co-Defendant Cheongdo Construction Co-Defendant Cheongdo Construction Co., Ltd. (hereinafter “Cheongdo Construction”) contracted with the Plaintiff for three tools of construction from among the new apartment construction in the instant case (hereinafter “instant apartment section construction”), and the Defendant Hanyang Construction and the Co-Defendant Cheongdo Construction Co-Defendant Cheongdo Construction Co., Ltd. (hereinafter “Cheongdo Construction”) jointly and severally guaranteed the obligation under the contract for the instant apartment construction in the first instance.

B) Joint Defendant Es.N. (former name before the change: Newdong Forest Transfer theory, May 12, 201, which was divided into Defendant Daesan Power and merged on May 2, 201.

On April 9, 2004, the Plaintiff’s new construction of the instant apartment (hereinafter “instant apartment 3 tools electrical construction”) is the same as that of the instant apartment 3 tools electrical construction from the Plaintiff.

(2) On April 9, 2004, the Defendant Company for the Section 4 of the instant apartment building was awarded a contract for construction work with the Plaintiff for the fourth section electrical construction of the instant apartment building from the Plaintiff on April 9, 2004. The Defendant Company for the Section 4 Section 4 Section 4 Section 4 Section 4 Section 4 Section 4 Section 4 Section 4 Section 4 Section 4 Section 4 Section 4 Section 4 Section 4 Section 4 Section 4 Section 4 Section 4 Section 4 Section 4 Section 3, and the Defendant’s electrical construction against the Defendant is a joint and several liability company under the contract agreement with the Defendant Promotion Company.

3) The Plaintiff obtained approval for the use of the instant apartment on August 7, 2006 with respect to the instant apartment. C. 1) Defendant of the instant apartment section 3.

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