beta
(영문) 대전지방법원홍성지원 2020.11.27 2015가단7572

채무부존재확인

Text

1. The plaintiff's lawsuit against the defendant B is dismissed.

2. On July 2, 2014 between the Plaintiff and the Defendant Company.

Reasons

. Facts of recognition.

A. On or around May 2014, the Plaintiff entered into a contract for the supply of goods (i.e., the supply of goods) with earth and sand in the construction of multi-level intersection construction works for the housing site development project in the incheon-si City, the Korea Land and Housing Corporation ordered by D Co., Ltd. and E Co.

(2) The Plaintiff was awarded a subcontract for the construction period of KRW 2,898,500,000, and the construction period from May 20, 2014 to September 19, 2015. (2) The term “afforested materials” means attached materials temporarily installed on the excavated part so that vehicles, etc. can pass through by using a re-trial road, etc.

On July 2, 2014, between Defendant B Co., Ltd. (hereinafter “Defendant B”) and Defendant B (hereinafter “Defendant B”), the term “Defendant B” refers to a co-rating system that was circulated on the re-trial trial to be used by the Plaintiff at the construction site of this case for the prevention of robbery MMAethylthy, and so on.

The two trials (Standard 1990*750*200) were delivered, and the unit price for the delivery was 236,000 won per head, and the payment method was 236,000 won per head, and the delivery contract for the two trials (hereinafter “the instant contract”).

3) At the time of the instant contract, Defendant B: (a) stated that it is the Defendant B, as the Supplier, at the multiple trials supplied to the Plaintiff at the time of the instant contract; and (b) made and issued a quality assurance letter stating, “In the instant construction site, the Defendant B (Defendant B) shall not only guarantee the quality of the above products during the defective period of the above products, but also guarantee the quality of the above products, during the defective period of the object, and, during the time of the discovery or construction of defective products after the delivery of the products, and during the warranty period of the object in which the said products are used, undertake any corrective measure as well as repair of defective products at the time of the occurrence of defects above the above quality of the products.” (b) On May 14, 2015, the double trials used at various domestic construction sites during the instant construction project.