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(영문) 광주지방법원 2019.12.31 2019가단504670
추심금
Text

1. The Defendant’s KRW 99,928,080 as well as its annual 15% from March 9, 2019 to May 31, 2019, and the following day.

Reasons

1. Basic fact warranty bond rate: 3% warranty bond: Article 23 (Defect Security) ① The non-party company shall pay to the defendant the amount calculated by multiplying the contract amount by the rate of the warranty bond as set out in the contract (hereinafter referred to as the "guarantee bond") after completion inspection, by cash or guarantee, and guaranty insurance policy, etc. until the price for the construction is paid.

Provided, That this shall not apply where the payment of security deposit is not required due to the nature of the construction project.

2. The non-party company shall repair any defect caused by a cause attributable to the non-party company during the defect repair liability period stipulated in the contract from the date of completion inspection.

(3) If the non-party company receives a request for the repair of defects from the defendant during the period of defect liability under paragraph (2), and fails to comply therewith, the defect liability bond under paragraph (1)

(4) The warranty bond under paragraph (1) shall be returned within ten days from the date the non-party company makes a request after the warranty period has expired.

The Defendant entered into a subcontract with B Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”) by setting the construction period from November 18, 2013 to December 31, 2014 with respect to the instant construction works for reinforced concrete (hereinafter referred to as “instant construction works”) among the new construction works for apartment (hereinafter referred to as “instant apartment”) as KRW 2,404,500,000 (hereinafter referred to as “instant contract”), and the contents related to the warranty bond in the terms of the contract are as follows:

B. The non-party company completed the instant construction, and the Defendant obtained approval for the use of the instant apartment on February 12, 2015, and the instant apartment was already sold in lots.

C. On March 15, 2015, Nonparty Company was delinquent in national taxes of KRW 400,822,940, as shown in the attached Table, including value-added tax of KRW 239,429,620, which is the time limit for payment.

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