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Reasons
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(영문) 수원지방법원여주지원 2016.04.26 2015가단12422
하자보수금 및 손해배상 청구
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 16, 2014, the Plaintiff entered into a contract with the Defendant for the construction of a new site C (hereinafter “instant contract”) with the content that the Defendant will perform the construction work for the construction cost of KRW 55,500,000, and the construction period from June 23, 2014 to December 31, 2014 (hereinafter “instant contract”). From June 23, 2014, the Plaintiff entered into a contract with the Defendant for the construction of a new site C (hereinafter “instant contract”).

The defendant completed the construction of this case around January 26, 2015.

B. Meanwhile, on August 1, 2014, the Defendant’s representative director D (former name E) set the Plaintiff as 12% interest rate of KRW 132,00,000 per annum and the due date of repayment on October 30, 2014.

C. On August 27, 2015, the Plaintiff and the Defendant drafted a written agreement (Evidence A2, hereinafter “instant agreement”) with the following contents.

1. B (Plaintiff) shall be paid KRW 132,00,000 to Party A (Defendant) on condition that the said amount shall be paid KRW 32,00,000,000,000, and the remainder KRW 100,000,000,000 shall be paid on August 31, 2015; and KRW 100,000,000,000,000,000,000,000,000,000,000,000,

(A) A and B are to prepare a notarial deed of a loan for consumption for money with the above contents; 2. A shall issue to B a certificate of performance guarantee for defects under Article 28(1) of the construction contract.

(Provided, however, within 7 days after the full repayment of the loan was made, and the Party A issued a certificate to the effect that there is no defect until the application for the issuance of the securities is made by the Party B to issue the securities, and Party B issued a certificate to the effect that there is no defect until the issuance of the securities.

4. A shall withdraw all the lawsuits against B.

Article 28 of the General Conditions for Contracts on Security of Defects in the Contract Documents of this case.

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