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(영문) 서울중앙지방법원 2015.02.11 2014가합514917
구상금
Text

1. The Plaintiff:

A. As for the construction of Shee Co., Ltd., Defendant 138,905,050 won and 111,836,987 won among them, the construction of Phee Co., Ltd. shall be made by March 2014.

Reasons

1. Basic facts

A. The Plaintiff’s status Plaintiff (the Korea National Housing Corporation and the Korea Land Corporation were merged on October 1, 2009 and became the Plaintiff; hereafter in this Article, “Plaintiffs”) is a project proprietor who newly constructed and sold nine apartment complexes of the Ansan-dong Village 9 Complex in the 819-dong, Ansisi-si, Ansisisi-si, and nine apartment complexes of the 786 households (901-9-dong, 909-dong, hereinafter “instant apartment complex”).

B. The Plaintiff entered into a contract, etc. 1) on December 16, 2002, when the name of the Plaintiff changed from the Defendant Shee Construction Co., Ltd. to the “Shee Construction Co., Ltd.” to the “Shee Construction” on December 16, 2002. In the case, the Plaintiff is only “Defendant Shee Construction” regardless of whether it was before and after the mutual change.

2) On November 29, 2003, Presidential Decree No. 18146 of the former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 18146 of Nov. 29, 2003), the apartment building construction works of the instant apartment section 14 section (901~905) were ordered as joint contractor. The contractor’s warranty period was abolished as 10 years in the case of the wall columns, 5 years in the case of the wall columns, 2 years in the case of mechanical engineering, and in other cases, 2 years in the case of other cases, as stipulated under Article 16(1) of the Enforcement Decree of the Housing Act (amended by Presidential Decree No. 18146 of the Housing Act

(2) On December 16, 2002, the Plaintiff contracted the instant apartment construction and the Defendant Sung Day Construction Co., Ltd. (hereinafter “Defendant Sung Day Construction”) as a joint contractor, and determined that the contractor’s warranty liability period is 10 years in the case of wall columns, 5 years in the case of floor beams, 2 years in the case of machinery, 3 years in the case of machinery, and 16(1) of the former Decree on the Management of Multi-Family Housing.

(3) On February 14, 2003, the Plaintiff is the Defendant Non-Party Corporation (hereinafter “Defendant Non-Party”) (hereinafter “Defendant Non-Party”).

The apartment construction of this case is contracted to the 15th apartment section.

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