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(영문) 인천지방법원 2017.09.26 2016가합2884

구상금

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 12,588,400 to the Defendant (Counterclaim Plaintiff) and its related amount from April 1, 2016 to August 24, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company that aims at construction business, etc., and the Defendant is a company that aims at waterproof and painting construction business, etc.

B. On June 23, 2014, the Defendant was awarded a subcontract for the instant waterproof construction work (hereinafter “instant waterproof construction work”) among the construction works of the DPL Eunpyeong-based Logistics Center Co., Ltd. (hereinafter “instant logistics center”) that was awarded a contract from the PPL L Co., Ltd. (hereinafter “instant logistics center”) by the PPL Co., Ltd. (hereinafter “instant logistics center construction”) by designating the construction cost of KRW 440 million (including value-added tax; hereinafter the same shall apply) and the construction period from June 23, 2014 to July 31, 2014.

C. On July 11, 2014, the Plaintiff: (a) on July 11, 2014, the Defendant: (b) during the waterproof Construction Work, the term “in the instant waterproof Construction Work” is not more than “the instant Construction Work” with the seals of polyle

B The construction cost of KRW 319 million, and the construction period from July 1, 2014 to July 31, 2014, hereinafter referred to as “the instant construction contract” is referred to as “the instant construction contract.

D.

Before the conclusion of the instant construction contract, the Defendant performed the instant construction work by using materials, such as polyphilosia, supplied by the Copis Copis Copis Co., Ltd. on the panel that had been constructed at the instant logistics center, and completed the construction work around October 2014.

E. Since the construction of the logistics center in this case, as a result of the occurrence of leakage, H.C. demanded the Plaintiff to repair defects from April 21, 2015. In this regard, the main contents of the content-certified mail sent by H.C. to the Plaintiff are as follows.

(2) On April 21, 2015, the Plaintiff requested repair of the roof waterproof construction among the instant waterproof construction works executed on September 2014.

③ The Plaintiff’s repair of the roof water leakage among the waterproof Construction Works in the instant case, but continues to be leakage.

(5) Repair materials on the defective parts of a polybee at present shall be regarded as a polybee.