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(영문) 대전지방법원 천안지원 2018.05.30 2018가단100157

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 20, 2014, the Plaintiff entered into a contract with the Defendant for the replacement of children’s play facilities (hereinafter “instant contract”) in the Asan Puan apartment complex (hereinafter “instant construction”) as follows.

(1) Construction: (1) Construction cost of (3) construction cost of (including value-added tax) from June 16, 2014 to July 15, 2014 (including value-added tax) 80,300 won (including 4: 3 years security liability period and amount; 10% guarantee certificate of issuance of Seoul Guarantee Insurance Co., Ltd.)

B. Upon completion of the construction work under the instant contract, the Plaintiff received and delivered to the Defendant a guaranty insurance policy (insurance amounting to KRW 8,030,000, and the period from July 17, 2014 to July 16, 2017) from the Seoul Guarantee Insurance Co., Ltd., and received settlement of the construction cost from the Defendant.

[Reasons for Recognition] Evidence No. 1, Evidence No. 1-3, Evidence No. 3-3, the purport of the whole pleadings

2. The parties' assertion

A. The defendant asserts that the plaintiff's news block construction [the above construction works related to Paragraph 2 of this Article] is liable to pay the defect repair amounting to KRW 2.620,00 to the defendant, since there is a phenomenon of the elevation of the floor due to the defect of slope.

B. As to this, the Plaintiff’s news block construction work was normally executed by the Plaintiff’s news report block construction work, and the low-water load falls under the scope of the Plaintiff’s construction work, and does not fall under the scope of the Plaintiff’s construction work, and there is no liability to repair the Plaintiff’s defect. However, the Defendant sought reimbursement from the Seoul Guarantee Insurance Co., Ltd.., Ltd.,

3. Evidence Nos. 2, 4 through 6, 10, 12, 13, evidence Nos. 3-1 through 4, 8, 9, 11, respectively, 1, 2, and 14-1.