공사대금
1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
1. Basic facts
A. On February 12, 2014, the Plaintiff was awarded a contract with the ED-S UN KREA Co., Ltd. for construction of a new apartment and multi-family house located D and E (hereinafter “instant building”) in the cost of KRW 363,00,000 (value-added tax separate).
B. On March 24, 2014, the Plaintiff entered into a subcontract with the Defendant to determine the rate of defect deposit to 10% of the contract amount (hereinafter “instant contract”) from March 26, 2014 to April 15, 2014, regarding the cost of KRW 17,600,000 (including value-added tax) for the construction of the instant multi-family house, and the period of construction from March 26, 2014 to April 26, 2014.
C. On May 7, 2014, the Defendant entered into a guarantee insurance contract (hereinafter “instant guarantee insurance contract”) with the Plaintiff, the insured, the purchase amount of the insurance amount of KRW 17.60,000,000, and the insurance period from May 7, 2014 to May 6, 2016 (hereinafter “instant guarantee insurance contract”).
In accordance with the instant contract, water leakages occurred on the roof and rooftop of the instant building constructed by the Defendant (hereinafter “instant defect”), and the Plaintiff demanded the Defendant to repair the defect around May 19, 2014. However, the Defendant rejected to the effect that the Defendant was not liable because water leakages occurred due to the defective construction of waterproof construction, which was the pre-stage stage of the instant construction, and structural defects in the construction design.
E. On June 3, 2014, the Plaintiff entered into a construction subcontract with F with respect to the removal and construction of cryping, waterproofing of a creative mold, and installation of water irrigation, etc., and paid the construction cost of KRW 11 million as stipulated in the said contract to F.
F. On August 1, 2014, the Plaintiff filed a claim against the Seoul Guarantee Insurance for insurance on the ground of the instant defect occurrence, and the Seoul Guarantee Insurance concluded a guarantee insurance contract with the Plaintiff on September 19, 2014.