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(영문) 서울중앙지방법원 2016.11.02 2016가합514461
손해배상(기)
Text

1. The plaintiff's lawsuit against the defendant Pung forest industry corporation is dismissed.

2. The Plaintiff:

A. The defendant-oriented industry.

Reasons

1. Basic facts

A. The Plaintiff’s status Korea National Housing Corporation (the Plaintiff became the Plaintiff due to its merger with the Korea Land Corporation on October 1, 2009, and the Plaintiff comprehensively succeeded to the rights and obligations of the Korea National Housing Corporation; hereinafter “Plaintiffs”) is a project proprietor who constructed 12-dong apartment units (hereinafter “the instant apartment units”) in 12-dong, 928 households in 741, Daegu Northern-gu, Daegu-gu, Incheon-do.

B. The conclusion of the contract and the completion of the project are 1) Esss Hysung Construction Co., Ltd. (former title: New Construction Co., Ltd.; hereinafter “New Construction”).

2) C&C Construction Co., Ltd. (former name: Hoi Construction Co., Ltd.; hereinafter referred to as “T&C Construction”)

(2) On May 11, 2005, the Defendant Pungsung industry entered into a joint supply and demand agreement around May 2005 with the Plaintiff on the construction work of the instant apartment by design and execution as a general method, and the Defendant Pung forest industry is a joint and several liability company under the said company’s contract. The Defendant Pung forest industry entered into a joint supply and demand agreement around May 2005 with the aforementioned company. The members of the joint supply and demand organization jointly and severally liable for the performance of the contractual obligations to the ordering agency (Article 6), and the joint supply and demand organization jointly and severally liable for any defect in the pertinent construction work after the dissolution of the joint supply and demand organization.

(C) The Defendant Construction Mutual Aid Association concluded a warranty contract with the new construction and the Defendant Construction Industry under the following terms: (a) the Plaintiff obtained approval for the use of the instant apartment on January 16, 2008; and (b) around that time, delivered the instant apartment to the buyer, etc. of the instant apartment.

The Guarantee Number No. 66,44,466, 01 (Additional) of the Defendant Crified Industry 66, 995, 194291, 993, 334 (Additional) in total 171,093, 993, 334 (Supplement) 171,09, 499, 6907 Construction ( floor, beams, roof, and main stairs) from January 16, 2008 to January 15, 2018.

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