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(영문) 인천지방법원 2017.12.08 2016가합55864
기타(금전)
Text

1. The Defendant’s KRW 155,820,00 for the Plaintiff and the following: 5% per annum from September 6, 2016 to December 8, 2017.

Reasons

Basic Facts

On January 18, 2012, the Plaintiff, New Daily Co., Ltd. ( declared bankrupt on December 16, 2015), Taeho L&C Co., Ltd contracted from the Incheon Urban Co., Ltd to supply and demand the construction work “two sections of the construction work of Incheon-gu Bogeumjari Bogeumjari Housing (B-1BL)” (hereinafter “instant construction work”) from the Incheon Urban Co., Ltd. during the construction period from January 30, 2012 to September 30, 2014.

On February 26, 2014, the Plaintiff and New Daily Business Co., Ltd. decided and subcontracted the landscaping works, etc. among the instant construction works to the Defendant during the construction period from February 26, 2014 to April 17, 2015, and the construction price of KRW 2,102,019,957 (including additional taxes).

(hereinafter “instant landscaped construction contract”. At the time of the instant landscaped construction contract, the Defendant immediately performed the defect repair work when the defect occurred in the part that the Defendant performed during the defect warranty period of three years, while failing to perform it, and the Plaintiff and the new construction company incurred the defect repair in the event that the Plaintiff and the new construction company did not perform it, the cost was borne by the Defendant, and the Defendant was to perform the duties of maintaining and managing planting, such as early 2 years from the date of completion, reduction of turf, prevention of blight and harmful insects

Around April 2015, the Defendant completed planting construction under the instant landscaping construction contract, and around May 2015, the instant construction was completed, and the apartment complex of the old Pacific Village 5 was completed.

On April 1, 2016, the Incheon Urban Corporation demanded the Plaintiff to repair the defects of dead trees because part of the trees planted in the apartment complex in the old Asian Winter Village 5 Complex was dead. Accordingly, the Plaintiff demanded the Defendant, who performed the instant landscaping project on April 19, 2016 and April 26, 2016, to repair the defects of dead trees, but the Defendant did not repair the defects up to the present date.

As a result of the appraiser's on-site investigation on March 22, 2017, it was confirmed that the 2gluss among trees included in the instant landscaping work, and 6glus among trees planted by the Defendant, were not planted, and the 71glus among trees planted by the Defendant.

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