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(영문) 서울중앙지방법원 2013.06.14 2012가합534207
구상금 등
Text

1. The Plaintiff:

A. The defendant Hanyang Co., Ltd. and the gold industry Co., Ltd. are jointly and severally 75,082,862 won and the above.

Reasons

1. Basic facts

A. The instant contract and construction 1) Korea National Housing Corporation (Korea National Housing Corporation and the Korea Land Corporation are merged with the Plaintiff on October 1, 2009, and all before and after the merger are hereinafter referred to as the “Plaintiff”).

(3) In the case of Pyeongtaek-si, Pyeongtaek-gun-dong, 370, the 8 main apartment complex and 690 households (hereinafter referred to as the “instant apartment”).

(2) On November 27, 1996, the Plaintiff entered into a contract with Hanyang Co., Ltd. (hereinafter “Defendant Hanyang”) to set the contract amount at KRW 26,028,00,00 with respect to the new construction of the instant apartment as KRW 26,028,00,00 (hereinafter “instant contract”). Defendant Geum Ho Industrial Co., Ltd. (the previous trade name before the alteration did not distinction between gold Construction Co., Ltd. and hereinafter “Defendant Gold Industry”) as a joint and several surety under the instant contract.

3) Under the instant contract, Defendant Hanyang and Geum-ho Industries constructed the instant apartment in accordance with the instant apartment contract. The Plaintiff obtained approval for use on March 22, 199 for the instant apartment, and leased the instant apartment to the occupants of the instant apartment as long as they were leased to the occupants of the instant apartment, but converted into sale on or around July 2004. 4) The Plaintiff and Han-yang agreed that “10 years of walls, columns, 10 years of floor, beams, beams, roof, and main stairs, 5 years of mechanical and civil engineering, 2 years of mechanical and civil engineering, and 11(1) of the Rules on the Management of Multi-Family Housing” regarding the warranty period under the instant contract.

B. The Defendant Hanyang concluded a warranty insurance contract with the Defendant Construction Mutual Aid Association on the instant apartment as indicated below (hereinafter “each of the instant warranty contracts”) and issued a warranty bond to the Plaintiff upon obtaining the warranty bond from the Defendant Construction Mutual Aid Association.

The warranty amount of the warranty period of the warranty period of the contract date of the letter of guarantee number contract (won) shall be December 17, 1998 between December 7, 1998 and December 6, 2008.

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