구상금
1. The plaintiff's claim is dismissed.
2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.
According to the evidence evidence Nos. 1 through 4, the Plaintiff and the Defendant concluded a guarantee insurance contract for performance (e.g., performance) between May 30, 2013 and May 29, 2014, following the Plaintiff’s Intervenor, the insured amount of KRW 28,00,000, and the insurance period from May 30, 2013 to May 29, 2014. The main contract is Cururology Corporation (in the Republic of Korea and abroad), the Plaintiff’s Intervenor claimed insurance money against the Plaintiff on February 25, 2014 due to the defect repair, and the Plaintiff paid KRW 28,00,000 to the Plaintiff’s Intervenor on April 111, 2014.
The plaintiff asserts that the insurance accident occurred due to the failure of the defendant to repair the defects and that the insurance money was paid.
(Claim 28,552,320 of the purport of the claim is KRW 28,00,000 of the insured amount and KRW 552,320 of the damages for delay incurred until July 10, 2014). However, it is distinguishable from the case where the construction is completed, but the construction is completed and the construction is incomplete and the construction is performed is less.
In addition, it can be said that the state of construction does not meet the agreed condition.
However, it cannot be recognized that there was a defect in this meaning.
Comprehensively taking account of the overall purport of arguments in Gap evidence Nos. 13, 17, Eul evidence Nos. 13, 2, and Eul evidence Nos. 2, witness A (the plaintiff supplementary intervenor), and D’s testimony, the plaintiff supplementary intervenor who is the orderer for the work, and the defendant who is the contractor, concluded the contract on May 29, 2013 and issued the warranty insurance policy immediately. Accordingly, the contract document stating the construction period and preparation date was prepared separately and entered into the guarantee insurance contract as above. The defendant, while receiving KRW 251,00,000 among the contract price of the contract amount of KRW 280,000,000 among the contract amount of KRW 280,000, it would eventually give the plaintiff supplementary intervenor a letter of waiver of the construction.