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(영문) 광주지방법원 2015.10.08 2014가합61489
하자보수보증금 등
Text

1. Defendant Public Land Co., Ltd. shall pay to the Plaintiff KRW 121,00,000 and its amount from May 22, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On May 7, 2008, the Plaintiff and the Plaintiff entered into a subcontract with Defendant Public Land Construction Co., Ltd. (hereinafter “Public Land”) on the condition that they subcontract to the Defendant by setting the construction period of reinforced concrete construction works (hereinafter “instant construction works”) from May 7, 2008 to October 18, 2010, among the “Slucheon-Sathal Road Construction Works” that the Plaintiff was contracted by the Seoul Regional Land Management Agency (hereinafter “Public Land Construction”), which was contracted by the Plaintiff, from May 7, 2008 to the Seoul Regional Land Management Agency.

B. On July 22, 2010, Defendant Public Land and Defendant Specialized Construction Mutual Aid Association’s contract for the repair of defects 1) An agreement on the settlement of accounts between the Plaintiff and the Plaintiff on the waiver of the instant construction and the change of the contract amount from KRW 5,602,35,00 to KRW 2,201,10,000 (hereinafter “Agreement on the settlement of accounts in the instant case”).

(2) On January 21, 2011, Defendant Specialized Construction Mutual Aid Association and Defendant Specialized Construction Mutual Aid Association entered into a contract for the warranty of defects with the content that Defendant Specialized Construction Mutual Aid Association will pay the Plaintiff expenses for defect repair in relation to the instant construction work as a guarantee creditor (hereinafter “instant guarantee agreement”) during the period from July 22, 201 to July 21, 2020, setting the guarantee creditor, the guaranteed debt amount of KRW 110,05,00, and the period for defect repair liability and the guarantee period from July 22, 2010 to July 21, 2020.

3) The main contents of the instant guarantee agreement are as follows. <2> Under the terms and conditions of this case, the term "guarantee accident" means any defect arising from construction in violation of design documents and other instructions, and as a contractor within the warranty period.

It means that the debtor fails to comply with the claim for remuneration. Article 9 (Exemption Clause 1 does not pay the security in any of the following cases:

4. Where defects have already occurred before the date of receipt of the letter of guarantee.

C. The occurrence of defects and the repair of the plaintiff's defects.

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