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1. Of the instant lawsuit, the part of the claim for the confirmation of existence of an obligation exceeding KRW 32,930,000 shall be dismissed.
2. The plaintiff.
Reasons
1. Facts of recognition;
A. On March 4, 2010 between the Plaintiff and Hanil Construction Co., Ltd. (hereinafter “Korea-Japan Construction”), a subcontract for the installation of HP (hereinafter “instant subcontract”) was entered into between the Plaintiff and the Plaintiff on March 4, 2010, which was awarded a contract for the construction of Korea-Japan Construction Co., Ltd., Ltd. (hereinafter “Korea-Japan Construction”) by the original office of the Urban Environment Improvement Project Corporation, in the middle school district 2-1 district, in the middle school district 2-1 district urban environment rearrangement project.
On the other hand, around December 1, 2010, the Plaintiff entered into a guarantee insurance contract with Seoul Guarantee Insurance Co., Ltd. on the part of the insured for the repair of defects in relation to the instant subcontract as Korea Construction.
B. Since May 201, 201, after the Plaintiff’s implementation of the instant subcontract, dispute arose concerning the repair of defects related to the performance of the instant subcontract, Hanil Construction and the Plaintiff from May 201, and Hanil Construction completed the defect repair work in the instant subcontract through the Non-Party Dispute Resolution Co., Ltd., around 2012, and demanded the Plaintiff to pay 48 million won as the cost of defect repair.
On the other hand, on February 28, 2013, Korea-Japan Construction was ordered to commence rehabilitation as Seoul Central District Court Decision 2013 Gohap34, and the defendant was appointed as a custodian.
On June 10, 2013, the Plaintiff filed a lawsuit for confirmation of non-existence of obligation with the purport that, “Around June 10, 2013, the Defendant does not have any obligation to pay the defect repair amount of KRW 37,070,000 against the Defendant (the remainder excluding the amount of KRW 10,930,000 recognized by the Plaintiff, out of KRW 48,000,000, the Defendant’s request for defect repair amount of KRW 48,000,000)” against the Defendant.
C. After the Seoul Guarantee Insurance Co., Ltd.’s payment of KRW 10,930,00 and the decision of recommending a compromise became final, the Seoul Guarantee Insurance Co., Ltd. recognizes the Plaintiff as the repair of defects on July 5, 2013.