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(영문) 서울중앙지방법원 2018.01.11 2017가합523035
손해배상 등
Text

1. The Plaintiff:

A. Defendant Yang Yang Construction Co., Ltd.: 431,558,996 won and its related amount from April 13, 2017 to January 11, 2018

Reasons

1. Basic facts

A. 1) The Plaintiff is a party to the dispute. The Plaintiff is an apartment complex of the Songpaa-aeong 12 apartment complex (four Dong-dong 149 households, hereinafter “instant apartment complex”) located in 42-gil, Songpa-gu, Songpa-gu, Seoul.

(2) The Defendant Yang & Yang Construction Co., Ltd. (hereinafter referred to as the “Defendant Yang & Yang Construction”) is a company that performed the instant apartment construction by being awarded a contract from the Plaintiff, and the Defendant Construction Mutual Aid Association (hereinafter referred to as the “Defendant Mutual Aid Association”) is between the Defendant Yang & Yang Construction.

It is a guarantor who concludes a warranty contract for the above construction works and issues a warranty bond for defects.

B. On July 4, 2008, the Plaintiff entered into a contract for construction works and a contract for the repair of defects and completed the instant apartment complex construction works (which constitutes 95.43% of the total new construction works) among the new construction works of the instant apartment complex.

) A contract was made to Defendant Yang & Yang Construction on July 8, 2008 on the date of commencement, and November 1, 2010 on the date of completion of construction (hereinafter “instant construction contract”) with the construction cost of KRW 33,504,080,000, and the date of commencement (hereinafter “instant construction contract”).

(2) On January 12, 2011, Defendant Yang Yang Construction entered into a contract for the repair of defects with the guarantee creditor as to the instant apartment as the Plaintiff as to the instant apartment (hereinafter “each contract for the repair of defects”) and issued each written warranty bond from the Defendant Cooperative.

On January 27, 2011, from January 27, 2011 to January 26, 2011, 2013: construction-related civil engineering-other landscaping-related civil engineering-predice 131,726,987 20104612. From January 27, 2011 to January 26, 2013-201; furniture facilities; furniture facilities; engineering-related civil engineering-duplation-types; soil facilities; landscaping-types; landscaping-types; landscaping-types; landscaping-types; units attached to 23,704, 1083, 2010-10-6, 204-16-16-1, 206-4, 2014-1, 206-16-1, 2014-6, 2014-16-6, 2017-7.

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