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(영문) 서울중앙지방법원 2015.11.11 2014가합596209
구상금
Text

1. The Plaintiff:

A. Defendant Geum Ho Industrial Co., Ltd., Doksan Construction Industry Co., Ltd. and Co., Ltd.

Reasons

1. Basic facts

A. 1) The Korea National Housing Corporation (the Korea Land Corporation on October 1, 2009) (the Plaintiff was merged with the Korea Land Corporation and became the Plaintiff.

In the following, the "Plaintiff" shall not be deemed to have existed before and after the merger:

[2] The apartment of this case] is composed of 8 gold-ro 45, Kui-ro Ro-ro Ro-ro Do-ro 45 (Yeo-dong), Geum-ro 686, Dong-dong 686 (hereinafter “the apartment of this case”).

2) On December 15, 1999, with respect to the new construction of the apartment of this case, the Plaintiff entered into a contract for construction work (hereinafter referred to as the “instant construction work”) with the Defendant contractor, with the construction period from December 15, 199 to September 29, 2002, contract amount of 38,524,682,00 won, contract amount of the contractor’s warranty period is 10 years for the wall columns, 5 years for the floor direction stairs, 2 years for the mechanical engineering, and 16(1) for the other apartment housing management Decree (repealed by Presidential Decree No. 18146, Nov. 29, 2003), and the contract for construction work (hereinafter referred to as the “instant contract,” and the aforementioned contract was referred to as the “instant contract,” and the joint and several surety provided by the Defendant Company for the Defendant Company.

(2) At the time of entering into the instant contract, the joint and several sureties Co., Ltd. (hereinafter “instant joint and several sureties”). At the time of entering into the instant contract, the joint and several sureties was replaced by Defendant Hanjin Industries Holdings on January 8, 2001, following the bankruptcy of the said company on January 8, 2001.

Not distinction between the two or more joint and several suretiess before and after the change of the joint and several suretiess, the defendant Han Heavy Industries Holdings are deemed to have jointly and severally guaranteed the contract of this case.

3) Of the general conditions and special conditions of the construction contract included in the instant contract, the part related to the instant case is the defect repair under Article 33 of the general conditions of the construction contract. (1) The defendant contractor shall be the period prescribed in the contract from the date the inspection under Article 27 was completed (hereinafter “liability period

In the meantime, there is a responsibility to repair the defects of the object of construction.

2. The defendant contractor shall be the defendant contractor.

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