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(영문) 서울동부지방법원 2014.11.27 2013가합16020
약정금 등
Text

1. The Plaintiff:

A. Defendant B Co., Ltd, C, and D are jointly and severally and severally liable for KRW 213,323,000 and their amount from August 29, 2014.

Reasons

Basic Facts

Defendant B Co., Ltd. (hereinafter referred to as “Defendant B”) is a company running an information and communications construction business, electrical construction business, fire-fighting system business, etc., and the Plaintiff is a company that merged the part of the information and communications construction business of Defendant B, and Defendant B is a company that merged the part of the electrical construction business of Defendant B.

Defendant C is the representative director of Defendant B, and Defendant C and D jointly and severally guaranteed the obligation of Defendant B to the Plaintiff, and Defendant E is the finding of Defendant C.

On August 2010, Defendant B, including the conclusion of the instant contract, concluded a contract for the purchase of traffic volume survey equipment (including installation thereof; hereinafter referred to as “instant contract”) with Non-Party B, which constituted a smart vision Co., Ltd. (hereinafter referred to as “ smart vision”) and a F Consortium, and performed the obligation to install the instant contract by no later than June 14, 201.

Meanwhile, as a result of the performance test conducted by the Korea Highway from March 201 to May 201, 201, a considerable number of defects were found in the traffic volume survey equipment installed according to the instant contract. Defendant B and smart vision repaired defects in KRW 101,769,775, and reconstruction was required.

On December 2, 2011, the Plaintiff requested the repair of defects between the Plaintiff and the Defendant, and the Korea Highway Corporation, divided the part of the construction project for construction of information and communications among the Defendant B’s businesses, merged with the divided part, and the Plaintiff, and concluded a merger agreement with the Defendant B to continue to exist.

On January 5, 2012, the branch office of the Korea Highway requested Defendant B to repair defects in the traffic volume survey equipment installed in accordance with the contract of this case.

Defendant B.

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