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(영문) 대구지방법원서부지원 2015.12.03 2015가합5133
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 160,000,000 won and the period from June 24, 2015 to December 3, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation with the objective of the aesthetic field, waterproof construction, etc., and Defendant A Co., Ltd. (hereinafter “Defendant A”) is a corporation with the objective of soil construction, aesthetic field, and waterproof construction, etc., and Defendant B is a former representative director of Defendant A, who guaranteed the duty of repairing defects of the Plaintiff.

B. On September 10, 2008, gold Mine Business Co., Ltd. (hereinafter “gold Mine Business”) entered into a subcontract with the Plaintiff on the amount of KRW 2,022,90,000 for damp construction among the “C Construction Works” (hereinafter “instant Construction Works”). On April 23, 2010, the contract amount of KRW 2,116,400,000 was changed to the contract amount of KRW 2,116,40,00. Of the site descriptions of the instant Construction Works, among the site descriptions of the instant Construction Works, the terms of the contract amount of KRW 2,116,40,00 were set at 3 meters thick in the thickness of the waterproofproof construction work, and the required amount was set at 0.2 km, 0.2 g, 00, 3.6 gg, 3.6 gg, and 2.0 g, man-made sand.

C. Around October 2010, the Plaintiff entered into a sub-subcontract with Defendant A to the contract amount of KRW 222,541,000 with respect to the delivery center 8 and 9 rooftop waterproof construction (hereinafter “instant waterproof construction”) among the said damp construction works (hereinafter “instant subcontract”). At the time of the written estimate submitted by Defendant A, the scale of the instant sub-subcontract waterproof construction was 3 meters.

Defendant A completed the waterproof Work on November 2010, and on December 5, 2010, in relation to the waterproof Work of this case, Defendant A written a written warranty of defect repair under the warranty period from December 5, 2010 to December 4, 2013. At the time, Defendant A, the representative director of Defendant A, guaranteed the warranty of defect repair.

E. D Co., Ltd., a person ordering the instant construction project requested the contractor to repair defects if leakages occurred due to the roof tower slive slive slives in the delivery center 8 and 9 units, and Defendant A, via the gold mine enterprise and the Plaintiff, had the subcontractor repaired on July 22, 201.

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