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1. The Defendant’s KRW 67,643,983 as well as the Plaintiff’s annual rate from January 9, 2014 to May 20, 2015, and the following.
Reasons
1. Facts of recognition;
A. On May 13, 2010, the Plaintiff (formerly, the Plaintiff’s trade name is S&C brokerage) agreed to complete and deliver the instant construction work by February 28, 2011 with the payment of KRW 12,628,00,000 as construction cost, as to the construction work (including soil construction, construction work, parking ground construction, and parking ground construction; hereinafter “instant construction”) to construct the Busan Urban Medical Center (hereinafter “instant building”).
(hereinafter “instant contract”). (b)
On April 4, 2011, the Defendant entered into a contract on the warranty liability (hereinafter “instant warranty contract”) with the guarantee creditor, the Plaintiff, the guarantee creditor of the instant construction, and the warranty period, from March 25, 2011 to March 24, 2013, with respect to the instant construction and the instant construction. At that time, the SPC General Construction issued a warranty bond pursuant to the instant warranty contract from the Defendant and submitted it to the Plaintiff.
Article 1 (Guarantee Liability) The Construction Mutual Aid Association (Defendant) of the Terms and Conditions of Repair of Defects (Liability) shall, after undergoing a pre-use inspection or inspection of construction works, etc. on the front of which the contractor (ENC Comprehensive Construction) has conducted an inspection on the performance of construction works, etc., and failing to perform the request despite having received a request for the performance of the repair for defects arising from design documents at the time of completion of the inspection within the warranty period, pay the obligation to the other party on behalf of the Construction Mutual Aid Association, or pay
Article 3 (Methods for Performance of Guaranteed Obligations) (1) When a guaranteed accident occurs due to a cause attributable to an obligor, the Construction Mutual Aid Association shall designate a third party and have him/her perform the duty of repairing defects or pay the bond.
(2)