하자보수금 등
1. Of the judgment of the court of first instance, the part regarding Defendant Taesung Construction Co., Ltd. and Defendant Construction Mutual Aid Association shall be revoked;
2...
1. The reasons why this Court shall explain in this part of the basic facts are as stated in paragraph 1 of the judgment of the first instance, except for the deletion of a claim, and therefore, this Court shall accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on the main safety defense of Defendant Daesung Construction and Defendant Construction Mutual Aid Association
A. The Plaintiff’s assertion by the said Defendants is unlawful in exercising the Plaintiff’s obligee’s subrogation right on behalf of the Defendant Samhee Park in order to preserve the damage liability in lieu of the defect repair of the Defendant Samhee Park, which is the damage liability in lieu of the defect repair in respect of the contractor’s construction, and the defect liability liability claim against the Defendant Construction Mutual Aid Association, which is the surety’s warranty liability. However, the Plaintiff’s obligee’s subrogation right is not unlawful as it is not insolvent.
B. (1) The judgment (1) where the creditor's right to the debtor who is to be preserved by subrogation is a monetary claim in the event that the creditor's right to the debtor who is to be preserved by subrogation is a monetary claim, that is, the need to preserve the creditor's right to the third debtor on behalf of the debtor only when the debtor is insolvent. If the debtor is not in such insolvent situation, the creditor's lawsuit against the third debtor is inappropriate because it does not meet the need to preserve it. According to the result of the inquiry to the head of Gangseo-gu Busan Metropolitan City in 2013 as to the head of Gangseo-gu, Busan Metropolitan City, as a result of the first instance court's inquiry, the amount of property tax is not imposed on the defendant Samhee-ck, and there is no taxable object of the defendant Samhee-ck in the same Gu.
Rather, as a result of the order of submission of tax information on North Korea's tax office for the party's trial, each fact-finding results and all pleadings against the Ministry of Land, Infrastructure and Transport.