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(영문) 수원지방법원성남지원 2016.01.15 2015가단211936
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Korea Land and Housing Corporation (hereinafter referred to as the “Corporation”) established and sold B Apartment 11 and 714 households (hereinafter referred to as the “instant apartment”) located in Chuncheon-si (use inspection on April 25, 2006). On June 22, 2005, the Plaintiff and the instant apartment landscaping construction (hereinafter referred to as the “instant landscape architecture construction”) entered into a construction contract for the construction cost of KRW 1,278,30,000 (hereinafter referred to as the “instant contract”).

B. On September 15, 2005, the Plaintiff entered into a construction subcontract agreement (hereinafter “instant subcontract agreement”) with Defendant PelD Co., Ltd. (hereinafter “Defendant PelD”) on construction costs of KRW 470,800,000 for planting and planting and planting and management works (hereinafter “instant subcontract agreement”) among the landscaping works in the instant case (hereinafter “instant subcontract agreement”) and agreed on April 24, 2006 that the construction cost of KRW 498,820,000 shall be changed to April 24, 2006) and agreed that when the Plaintiff would inflict damage on others by making another person enter into a subcontract due to intentional negligence on Defendant PelD Co., Ltd. (hereinafter “Defendant Pream”) and the Plaintiff may exercise the right to indemnity against the Defendant Pream when compensating the damage pursuant to Article 44(3) of the Framework Act on the Construction Industry.

C. On May 24, 2006, the Plaintiff and Defendant White Prize decided that the completion date of the subcontracted project in this case was May 10, 2006 (the date of completion of the subcontracted project in this case on October 30, 2007) and the completion settlement amount was KRW 529,030,000, and the defect repair deposit was 9,765,612 (the repair liability period is from May 11, 2006 to May 10, 2008).

On May 24, 2006, the Defendant Specialized Construction Mutual Aid Association (hereinafter “Defendant Specialized Construction Mutual Aid Association”) issued to Defendant White Prize a warranty bond of defect repair from May 11, 2006 to May 10, 2008, with the warranty period from May 11, 2006 to August 9, 2008.

E. The apartment of this case

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