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(영문) 광주지방법원 2015.04.30 2014가합56647
손해배상(기)
Text

1. As for Defendant Hocom Construction Co., Ltd, Defendant Hocom Construction, Defendant 6,418,423 won and its related amount from August 6, 2014 to April 30, 2015.

Reasons

1. Basic facts

A. The relationship between the parties and the terms of the contract (1) The Korea National Housing Corporation (hereinafter “the instant apartment”) constructed and leased the 291 household in Pyeongtaek-gun B apartment (hereinafter “the instant apartment”), but was a project proprietor converted for sale in lots on July 2008, and the Plaintiff comprehensively succeeded to the rights and obligations of the Korea National Housing Corporation on October 1, 2009.

(2) On May 31, 200, Defendant Hocom Construction contracted with the Plaintiff for construction, machinery, and civil engineering works (hereinafter “instant construction works”) among the instant apartment construction works (hereinafter “instant construction works”). The main contents are as follows.

The name of the construction project: The contract amount of the construction project of this case for the construction project of this case: 6,919,00,000 won: 691,90,000 won for the construction project: June 20, 200 for the date of commencement (civil engineering) and July 10, 200: July 13, 200 for the period of warranty on June 13, 2002 (civil engineering) and June 14, 2002 (civil engineering equipment): - the period of warranty on May 14, 2002 - the floor, beams, beams, roof, main stairs: 10 years - 5 years - machinery, civil engineering: 2 years under Article 16(1) of the Decree on the Management of Multi-Family Housing.

Where the Corporation deems it necessary under the conditions as prescribed by the characteristics of the relevant construction and related Acts and subordinate statutes, notwithstanding the issuance of a written confirmation of completion of defect repair under Article 35 (2) of the General Conditions of the Construction Contract, it may determine a special contract under which the contractor is liable for any defects in the construction work not discovered in the course of inspection under Articles 27 and 35.

In any of the following cases, defects in construction not discovered in the course of inspections prescribed in Article 36 of the General Conditions of the Construction Contract (Special Liability) under Article 25 of the General Conditions of the Construction Contract, the contractor shall repair them at his/her own expense for ten years from the date of completion, notwithstanding the period of warranty liability:

1. Underground flow, sewage pipeline, etc., and access failure to connect the concealed section, and connection;

2. Where the installation of a harbor of a marina zone, such as the tailhead and another day, causes severe inconvenience to users of the relevant facilities;

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