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(영문) 수원지방법원 2014.11.07 2014나2119
구상금
Text

1. From June 6, 2013, regarding the Plaintiff’s KRW 8,042,464 and KRW 7,500,00 among the judgments of the first instance court against the Defendant.

Reasons

1. Basic facts

A. On January 28, 2012, the Defendant entered into a contract with D, a person operating the Eunpyeong-gu Seoul (hereinafter “instant installation contract”) to install an electric boiler (hereinafter “instant installation contract”). The main contents are as follows.

1. The total construction cost shall be 2,500,000 won;

2.The above amounts shall, except for electrical construction amounts, be domestic net products consistent with the correlation between boiler capacity and material capacity, and shall include all necessary parts and materials, including stein ethyl ethyl ethyls, net Piping pipes not less than a certain thickness of not less than 720 cm, heat media oil and circular pumps.

3. It is subject to the pure saving rate of 50% and the water temperature of 50·C or above;

When the defendant is unable to do so, the defendant shall continue to allow A/S.

The warranty period of defects shall be three years without compensation.

(A) The defendant refers to the name of reflectative state)

4. The defendant shall deposit with D an amount equivalent to 30% (3 years) of the construction amount in the contract performance deposit at the same time as this contract is concluded.

Provided, That it is replaced by the plaintiff's performance guarantee insurance policy.

9. The purchase of heat media errors and electrical construction and pipeline construction shall be paid directly to the relevant business entity for materials cost and construction cost;

B. On January 30, 2012, the Defendant: (a) installed an electric boiler in C Coina operated by D pursuant to the instant installation contract; (b) concluded a defect performance insurance contract under the instant installation contract (hereinafter “instant insurance contract”) with the Plaintiff, setting the insurance amount of D as KRW 7.5 million from February 10, 2012 to February 9, 2015, setting the insurance period as the insured, the purchase price of D insurance amount as KRW 7.5 million; and (c) concluded a defect performance insurance contract under the instant installation contract

C. According to the instant insurance contract, where the Defendant did not perform its obligation under the instant establishment contract, and the Plaintiff pays insurance proceeds to D who is the insured, the Defendant shall pay the insurance proceeds paid by the Plaintiff to the Plaintiff and damages for delay publicly notified by the Plaintiff from the day following the payment of insurance proceeds to the day of full payment

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