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(영문) 서울고등법원 2020.02.07 2019나2028193
손해배상 등
Text

1. The Plaintiff’s claims against Defendant B and Defendant C, added by this court, include the Plaintiff’s claims against Defendant B and Defendant C.

Reasons

1. Basic facts

A. Status 1 of the parties concerned) The Plaintiff is Songpa-gu Seoul Metropolitan Government L Apartment (hereinafter “instant apartment”).

(2) Defendant B Co., Ltd. (hereinafter “Defendant B”) is the contractor and contractor of the instant apartment and commercial building construction work (construction, civil engineering, landscaping, and construction work). Defendant G Co., Ltd. (hereinafter “Defendant B”) is the contractor and contractor of the instant apartment and commercial building construction work (construction, civil engineering, landscaping, and construction work). Defendant G Co., Ltd is the warranty against the portion executed by Defendant B.

3) Defendant C Co., Ltd. (hereinafter “Defendant C”)

B) On March 31, 2008, the Plaintiff entered into a construction contract for the construction work of the instant apartment and commercial building (including fire fighting) with respect to the construction work of the instant apartment and commercial building (construction, civil engineering, landscaping, and machinery) with Defendant B, the construction cost of KRW 57,540,00,000, and the contract period of the construction work from March 31, 2008 to July 12, 2010. Article 16 of the Special Conditions for the Construction Contract, which is the contents of the said contract, provides that the Defendant B shall promptly repair the defects notified by the Plaintiff and the defects notified by the Plaintiff upon the Plaintiff’s instruction.

2) On April 13, 2011, in order to guarantee the obligation to repair defects arising from the instant apartment and commercial construction with Defendant B, the Plaintiff was the secured creditor and entered into a guarantee agreement with the content as indicated below. [Attachment 1] / [Attachment 1] 156,440,0412 P from the date of the 10-year 10-year 104,293,3613 from the date of the 10-year 32,952,2104 from the date of the 32,539,59,5985 Sc inspection from the date of the 4-year 312,821,4456 from the date of the 2-year 311,251,228,261 [Attachment 2] from the date of the 10-year 10-year 361,261]

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