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(영문) 서울고등법원 2015.10.22 2015나7734
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against Defendant C in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. (1) On June 28, 2012, the Plaintiff entered into a construction contract with Defendant B, who runs the construction business, etc. under the trade name “E” and Defendant B, which is located in Chuncheon City F Hotel G (hereinafter “instant building”).

c) the remodeling construction (hereinafter referred to as the “instant construction”)

A) The instant construction contract under which the term of a contract for construction work (including value-added tax) was fixed from July 2, 2012 to August 30, 2012, and the term of a contract for construction work (hereinafter referred to as “the term of a subcontract”) is set at KRW 30 million (including value-added tax) and the term of a subcontract.

(2) On the other hand, Defendant C guaranteed Defendant B’s obligations under the instant construction contract.

Article 4 (Work of Corporation)

(a) Eul shall complete the design as specified in Gap and Eul and shall execute it in good faith in accordance with the design plans and specifications;

(b) Ownership of the real right to the construction in question shall be effective until the payment of the construction cost has been made to Section B, and Section B shall be entitled to adequate response, but ownership shall be automatically fulfilled to Section A when the construction cost has been completed.

Article 5 (Composition of Contract)

(a)a contract document that forms the terms of this Agreement shall be composed of, and shall have the effect of, this Agreement and any documents, drawings, etc. agreed upon with A;

B. Unless otherwise expressly stated in this Agreement, minor modifications shall be dealt with without modification of the contract amount.

(c) 10% of the contract amount should be paid as penalty on the part of negligence when the contract is not implemented due to the negligence of either Party A and B.

Article 6 (Modification of Design and Modification of Construction Works) Where a significant change in design is required for a specific design matter, in addition to a minor change in design, A shall notify it to B and design it accordingly, B shall be made. In such cases, at the time of significant increase or decrease in service cost and water unit, and extension of construction period, it shall be claimed to B as additional construction cost by mutual agreement with A and B.

Article 10 (Duty to Guarantee Defects) Repair of Defects of this Corporation.

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