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(영문) 서울중앙지방법원 2015.09.03 2013가단5087553

채무부존재확인

Text

1. In relation to the defendant, the plaintiff corporation's wallsan Co., Ltd. shall be liable for the debt specified in attached Form 1, and the plaintiff's flagurity.

Reasons

1. Basic facts

A. The plaintiffs completed the construction by entering into a subcontract with the bankrupt party construction company (hereinafter “the bankrupt party construction”), and the Busan Blusing Blusing Construction Co., Ltd. (hereinafter “Blus Construction”), which was executed by the Busan Blusing Construction Co., Ltd. (hereinafter “Blus Construction”), for the construction of an apartment building in the Blusing Design Construction Co., Ltd. (hereinafter “Blus Construction”). The details of the subcontract are as follows.

The content of the construction works of the Plaintiff, Inc. (hereinafter referred to as the “Plaintiff wallsan”) : The period for the delivery of the first construction section ridges: the order amount: 2,603,573,165 won from March 6, 2012 to May 31, 2012: the period for the defect warranty bond of KRW 2,603,573,165 (Additional tax): the rate for the defect warranty bond of KRW 3% from June 1, 2012 to May 31, 2015: the details of the construction works of the Plaintiff Hadridd Co., Ltd. (hereinafter referred to as “Plaintiff Hadridd Co., Ltd”): The period for the delivery of the two construction sections : the period for the defect warranty bond of KRW 1,04,984,91 (Additional tax: Additional tax rate of KRW 1,531,205: March 6, 2012).

B. On October 2012, the Plaintiffs concluded a warranty insurance contract with the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) to guarantee the obligation to repair defects for the instant On-site construction, from June 1, 2012 to May 31, 2015, with the insurance period from June 1, 2012 to May 31, 2015, with the purchase price of the Plaintiff’s wall 85,917,914, and with the purchase price of the Plaintiff’s wall 33,164,50 won, respectively, and submitted the warranty insurance policy to the Musan Construction.

C. On the other hand, rehabilitation procedures were abolished for the construction of brickd mountain, and on April 16, 2014, the bankruptcy was declared by the Seoul Central District Court 2014Hahap63, and the Defendant was appointed as the bankruptcy trustee.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1 (including each number), the purport of the whole pleadings

2. The construction of the plaintiffs' alleged bricks is a defect in the plaintiffs' construction.