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(영문) 부산지방법원 2014.11.12 2012가합15636
하자보수금등
Text

1. The Defendant’s KRW 71,416,00 for the Plaintiff and KRW 5% per annum from October 24, 2012 to November 12, 2014.

Reasons

1. The fact that, around February 16, 2012, the Plaintiff entered into a contract with the Defendant and the Plaintiff for the construction of DNA interior interior interior interior interior interior interior interior interior interior interior interior interior teel (hereinafter “instant construction”) of the amusement facilities, accommodation facilities, and the purpose of detached houses (the trade name before the modification: hereinafter “the instant building”) on the 7th floor of the Busan Jung-gu C ground reinforced concrete structure, Busan, which is owned by the Plaintiff (hereinafter “instant construction”) (hereinafter “instant contract”) from February 16, 2012 to March 16, 2012, there is no dispute between the parties.

2. Determination on the claim for damages in lieu of defect repairs

A. (1) The Plaintiff’s assertion (1) although the nominal owner of the instant contract is F, the Defendant, as the real representative of G, is jointly supplied with F with the instant construction. As such, the Defendant is obligated to pay the Plaintiff KRW 159,475,00 and damages for delay, as compensation for damages incurred in lieu of defects in the instant building due to the instant construction works.

(2) Even if the Defendant is not in the position of joint contractor for the instant construction project, the Defendant jointly and severally guaranteed the obligation to repair the defects arising from the instant construction project, or acquired the liability for damages in lieu of the repair of defects together. Therefore, the Defendant is liable to pay the Plaintiff KRW 159,475,00 and damages for delay thereof.

B. The facts of recognition (1) as the ground for the occurrence of liability (A) have been engaged in artificial fishery from around August 12, 201 to his wife F with “G”. From around August 12, 2011, the Defendant decided to share the Defendant’s external duties, such as performing internal duties, such as interior duties, and receiving artificial construction.

(B) On February 2012, the Defendant issued to the Plaintiff his name cards (Evidence A 11) and the expected estimate (Evidence A 3) of the instant construction work, which are indicated as the representative director of the G, to the Plaintiff.

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