채무부존재확인
1. On October 31, 201, between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff), the Jinju-si fourth district, which was concluded on October 31, 201.
We examine both the principal lawsuit and the counterclaim.
1. Facts of recognition;
A. 1) The Plaintiff entered into a subcontract with the Jinju-si 4 District Mcocop apartment (hereinafter “instant apartment”)
) On March 25, 2011, as a new business executor, Hyundai MCo Co., Ltd. (hereinafter “NIM”) as a new business executor.
2) On October 31, 2011, the instant apartment construction project was contracted to the Plaintiff, and HyundaiM Co., Ltd again signed the instant apartment construction project on October 31, 201, and the incidental civil engineering works among them on April 15, 2013 (hereinafter “instant appurtenant works”).
2) On April 2, 2014, HyundaiMco merged with the Defendant, and thereafter, the construction cost of the instant appurtenant works was changed to KRW 19,095,58,400, and the construction cost of reinforced concrete and waterproof works, and the construction cost of the instant appurtenant works was changed to KRW 4,848,05,58,40, respectively, and the construction cost of the instant appurtenant works was changed to KRW 4,38,896,259.
B. 1) The Plaintiff entered into a guarantee insurance contract. The Plaintiff is a Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”).
(2) On December 1, 2014, the term of insurance coverage of KRW 130,166,88, and insurance coverage of KRW 130,16,88, and the term of insurance of KRW 130,16,88 shall be from May 1, 2014 to April 30, 2016 under a guarantee insurance contract (hereinafter referred to as “guarantee insurance for other works”).
(2) The Plaintiff concluded a contract on the warranty insurance for the repair of defects in the instant appurtenant works (hereinafter “affore insurance”) with the Seoul Guarantee Insurance and the purchase amount of the insurance coverage amount of KRW 145,441,793, and the insurance period from May 1, 2014 to April 30, 2016.
C. The occurrence of defects and the Defendant’s claim for insurance money against the Seoul Guarantee Insurance Co., Ltd. (1) The Plaintiff completed each subcontracted construction, and the construction of the instant apartment was completed on April 25, 2014, and the approval for the use of the instant apartment was granted on April 25, 2014. (2) However, the rupture and the rupture of the instant apartment was generated from the wall spathy