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(영문) 광주고등법원 2020.09.16 2019나25485
공사대금
Text

The judgment of the first instance court, including the successor participation made in the trial, shall be modified as follows:

The defendant, 1.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company running the building construction business, etc., and the contractor awarded a contract for the new building construction work from the client D, and the Defendant is the subcontractor. 2) The Plaintiff’s succeeding intervenor received the attachment and assignment order of the claim regarding the damage claim as the Plaintiff’s construction work against the Defendant, and then filed an application for succession to this court on December 26, 2019.

B. 1) The Plaintiff entered into a subcontract with D on March 28, 2016 (hereinafter “instant building”).

3) The construction of the remainder of the new construction project, excluding the remainder completed by F Co., Ltd., the former contractor (hereinafter “instant construction”).

(A) the contract was made on February 28, 2017 with the due date set as KRW 2,500,000,000 (including value added tax) and the due date for completion. The standard subcontract agreement for the construction business (No. 1)

1. The project owner: The name of the original contract for plaintiffs: New E;

2. The name of subcontracted project: Alley project among new E-construction projects;

4. Period of construction: 340,000,000 won (including value-added tax) for the contract on July 30, 2016, which ends on April 26, 2016;

9. The warranty bond rate: 10%: the warranty bond rate for defects: An engineer specialized in the steel structure works for two years; 16. The engineer specialized in the steel structure works for two years; and

The defendant's responsibility is the case where the cracks occur due to neglect of this.

26. Scope of construction 9) No water shall be available on ready-mixeds of specifications (srums) provided at the time of concrete building, and all the problems arising from the breach shall be attributable to the Defendant. 12) It shall be calculated and submitted in advance on the basis of the design load and upper work load, such as the interval of installation of a buri, and shall be approved.

The rescue account statement for each part, such as the standard floor, shall be submitted and approved by the Corporation.

19 The defendant shall be responsible for the maintenance, repair, and maintenance of the quality of the existing construction until the completion of the construction, and with respect to the materials and methods for such preservation, designated materials and methods by the manager of the construction shall apply.

private construction works.

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