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(영문) 서울중앙지방법원 2017.06.08 2016가합550238 (1)

보험금

Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. On January 5, 2010, the Plaintiff entered into and executed a subcontract. (1) The Plaintiff is deemed to be the UNFCCC Co., Ltd. (hereinafter “UNFCCC”).

2) The instant golf course is a golf course with a total of 27 square meters in the area of a military unit in Chuncheon-si, the movable property of which is located (hereinafter “instant golf course”).

(A) On March 15, 201, the Defendant’s Intervenor was awarded a contract for the construction work creating the Defendant, and on March 15, 2011, the Defendant’s Intervenor’s Intervenor and the Defendant’s Intervenor’s Intervenor and the Defendant’s Intervenor and the Defendant’s Intervenor and the Corporation for the Construction of Flus

) The subcontract was subcontracted (hereinafter referred to as “instant subcontract”).

2) 2) The instant subcontract set the period of defect repair liability as three years after completion.

3) After completing the instant subcontracted project, the Intervenor joining the Defendant obtained approval for the completion of construction on August 31, 2012. B. On September 6, 2012, in order to guarantee the obligation of the Defendant to repair defects under the instant subcontract with the Defendant, the Intervenor joining the Defendant to the Defendant to enter into the contract for the repair of defects, the warranty insurance contract for the Plaintiff, the insured, the purchase amount of the insurance amount of KRW 282,645,000, the insurance period from August 31, 2012 to August 30, 2015 (hereinafter “instant warranty insurance contract”).

The terms and conditions of the Guarantee Insurance Contract, which relate to this case, are as follows: The Company, the obligor, has undergone an inspection of completion or examination of the contract or the sales contract and has received a claim for repair or supplementation of the defects which occurred within the warranty liability period (hereinafter referred to as the “main contract”) but, even though it has received a claim for repair or supplementation of the defects which occurred within the warranty liability period.

c. The occurrence of defects and the progress of the relevant lawsuit are temporarily opened on March 2013. From May 2013 to May 2013, 2013, part of the number of remaining parts of the instant golf course, which were planted in the instant golf course, are normal.