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(영문) 수원지방법원 안양지원 2021.02.19 2019가단106819
손해배상(기)
Text

The plaintiff (Counterclaim defendant)'s claim on the principal lawsuit is dismissed.

Plaintiff (Counterclaim Defendant) to Defendant (Counterclaim Plaintiff)

a. 72,950.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff entered into a construction contract with the Defendant, the constructor, as the owner of the Gu C during Ansan-si, ordered the new construction work (hereinafter “instant construction work”) to construct a second-story building on the land outside the above land and the second-class building on the ground.

On March 2018, the Plaintiff and the Defendant concluded a contract for the said construction works (hereinafter “instant contract”) with the following terms and conditions (hereinafter “instant contract”).

Name of the standard contract for private construction works: D New Construction

3. Date of commencement: March 5, 2018.

4. Date of completion: July 15, 2018.

5. Contract amount: daily gold 360,000,000 won (additional dues: 36,000,000 won) 10. The rate of deposit for repair of defects in the contract amount by type of defect warranty liability (10% insurance policy) , and the rate of deposit for repair of defects in the contract amount by type of defect warranty liability (360,000 won 3.60,000 won 10,800,000 won 360,000 won in total new construction works for the warranty liability period as to May 31, 2018 - The rate of delayed prize on May 11, 2023: 1/1,000 as follows:

Article 28 (Security for Defects) (1) In order to guarantee the repair of defects in construction works, the defendant shall pay to the plaintiff the amount calculated by multiplying the deposit rate for repair of defects prescribed in the contract by the contract amount (hereinafter referred to as "deposit for repair of defects") by the contract amount, as cash or a letter of guarantee issued by the guarantee agency referred to in each subparagraph of Article 4 (2), from the completion inspection to the payment of the price for the construction works

(2) The defendant shall repair all defects incurred in the relevant construction during the period of warranty for defects stipulated in the contract from the date when the plaintiff takes over the whole object and completes the inspection for completion of construction.

Provided, That this shall not apply where force majeure, such as natural disasters, or for reasons other than the defendant's responsibility, occurs after the delivery of water for construction purposes.

(3) Where the defendant is demanded by the plaintiff to repair defects under paragraph (2) and fails to comply with such demand, the provisions of paragraph (1) shall apply.

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