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(영문) 서울중앙지방법원 2015.10.15 2013가합6532
손해배상(기) 등
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 102,885,278 to the Defendant (Counterclaim Plaintiff) and its related amount from August 1, 2013 to October 15, 2015.

Reasons

Basic Facts

The plaintiff is an autonomous management body organized by the occupants to manage three Dongs (Adong, Bdong, and Cdong) of the first neighborhood living facilities (Adong, Bdong, and Cdong) in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, 371-28, the status of the parties.

Defendant Magro Co., Ltd. (hereinafter “Defendant Magro”) is a Si construction project that performs the floor repair of the underground parking lots in the instant building, and Defendant Specialized Construction Financial Cooperative (hereinafter “Defendant Specialized Construction Financial Cooperative”) is a cooperative that provides a contractual guarantee to the said construction project.

Advance payment of KRW 536,80,000 (including value-added tax): 30% (161,040,000) of the construction amount (161,040,000): The remainder payment of KRW 30% (161,040,000) of the construction amount: The date of commencement of 40% (214,720,000) of the construction amount: the date of completion of January 15, 2011: The rate of liquidated damages on June 30, 201: 3/10 (daily) of the construction amount: the period of warranty liability for defects: Article 1 of the General Conditions of the construction contract for two years: the payment of the construction amount.

1. An advance payment: To be paid after a performance guarantee insurance policy for the amount of advance payment is submitted within ten days after a contract is concluded;

2. Part payments: Payment shall be made after submitting a performance guarantee insurance policy for the amount after examination by the Management Council and the supervision designated by the Plaintiff (hereinafter referred to as “construction supervisor”) when the progress rate is at least 60%.

3. Remaining balance: It shall be paid within one month after the completion inspection for the repair of defects equivalent to 10% of the construction cost is received after the completion inspection for the plaintiff and supervision is received.

Article 15:Defect Repairs, etc.

1. Defendant Gender Equality shall, in accordance with the principle of good faith, repair defects arising during the period of defect after delivery.

2. The warranty of defects shall be two years from the date of confirmation of the completion of this construction, and it shall be repaired to the Plaintiff by the Defendant Gender Equality equivalent to 10% of the contract amount.

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