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(영문) 인천지방법원 2013.12.18 2007가합14076
손해배상(기)
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 25,535,580,150, and KRW 100,000,100 among them, from November 20, 2007.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction association established for the purpose of rebuilding the old monthly apartment complex located on the ground of 20, 23, and 24, Dong-gu, Incheon Metropolitan City, and is a project undertaker for the new construction of the above land reconstruction apartment complex (hereinafter “the apartment of this case”).

On August 10, 2001, the Plaintiff and the Defendants jointly applied for approval of the project plan and obtained approval for the housing construction project plan from the Jung-gu Incheon Metropolitan City, the competent authority on March 10, 2003.

[The main contents of the instant contract (exploitation) construction: The scale of the construction work for the reconstruction apartment of the Guro-gu Incheon Metropolitan Government: 445,85.38; the scale of the construction work for the reconstruction apartment of the construction project: 107,492.29-29; 103-dong and 8,934 apartment houses of 12-37: The construction cost for 38 months after the approval for the commencement of the construction: the amount calculated by multiplying the total floor area by the construction cost for the usual 2,582,60 won (excluding the value-added tax applicable to the excess of national housing): the object of the construction shall be the contents of the approval for the project plan approved by the competent authority; and where there is any change in the construction plan, such as subsequent design changes, the

Article 3 (Amount of Contract for Construction Work) (2) The level of completion of construction shall be based on the same or higher finishes as, or higher than, the reconstruction association of main apartment complex in Seoul diving-3.

Article 6 (Performance Bond) In order to secure the performance of contractual obligation, the Plaintiff and the Defendants shall have a guarantor for performance of contract who is composed of all officers of the Plaintiff, and the Defendants shall be jointly and severally liable for both joint and several liability and for both monetary liabilities and other contractual matters that may result in nonperformance of contractual obligation.

Article 18 (Standards for Execution) (1) The Defendants shall, in executing construction works of apartments, commercial buildings, and auxiliary facilities, perform construction works in accordance with the project approval drawings and implementation design drawings (including specifications).

(2) Construction shall be conducted in the same manner as or equal to the completion of the reconstruction association of the main apartment complex in Seoul diving.

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