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(영문) 서울고등법원 2015.07.02 2015나2003387
약정금 등
Text

1. The plaintiff's appeal and the defendant's appeal in the 2nd century are all dismissed.

2. The Plaintiff and the Plaintiff out of the appeal costs.

Reasons

1. Basic facts

A. Status 1) Co-Defendant B Co-Defendant B (hereinafter “B”) in the first instance trial

(2) The Plaintiff is a company that combines the part of the construction business for information and communications construction, electrical construction, and fire-fighting system.

3) Defendant Loenc Co., Ltd. (hereinafter “Defendant 2nd century”)

(4) The co-defendant C of the first instance trial, as the representative director of B, provided joint and several sureties's obligation to the plaintiff, and the defendant E is the wife of C.

B. 1) B, such as the conclusion of the contract under B, is a company for smart vision (hereinafter referred to as “ smart vision”).

(2) On August 2010, the Korea Highway Corporation established a F consortium with the 6 regional headquarters of the Korea Highway Corporation (Seoul Metropolitan Government, Chungcheongnam-nam, Gyeongnam, Gyeongnam, Gyeongwon, Gyeongwon, and Gyeonggi) for the purchase of transportation survey equipment (including installation thereof) in each of the above regions (hereinafter referred to as the “instant contract”).

(2) On the other hand, as a result of the performance test conducted by the Korea Highway from March 201 to May 201, 201, a large number of defects have been discovered in the traffic volume survey equipment installed under the instant contract, and B and smart vision repaired the defects in 101,769,775 won in total or conducted reconstruction.

C. On December 2, 2011, the Plaintiff entered into a merger agreement with B on December 2, 201 to divide the part of the construction project that was divided among the projects in B and the part that was combined with the Plaintiff. 2) On January 5, 2012, the branch office of the Korea Highway Corporation requested B to repair defects arising from the traffic volume survey equipment installed in accordance with the instant contract.

3) B completed the registration of the above division and merger on February 2, 2012. 4) The Korea Highway Corporation's Gyeonggi Headquarters on February 2, 2012.

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