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(영문) 서울중앙지방법원 2015.12.16 2014가합584077
채무부존재확인
Text

1. The Plaintiff’s second industrial complex heat supply business as of September 30, 2010 against the Defendant.

Reasons

1. Basic facts

A. The Plaintiff’s re-supply and re-supply of manufacturing and installing the burning gas treatment equipment; 1) Air and Fishery Co., Ltd. (hereinafter “Commercial Energy”).

around 2010, Korea-China Industrial Development Co., Ltd. (hereinafter referred to as “Korea-China Industrial Development”).

A) On July 6, 2010, the Korea Industries Development contracted the heat supply business for the second integrated energy industry complex, and on July 6, 2010, A Co., Ltd. (the parties to the contract are D Co., Ltd.) merged D Co., Ltd. and comprehensively succeeds to their rights and obligations. A was decided to commence rehabilitation procedures on October 17, 2013 by Seoul Central District Court 2013 Ma186, and the Defendant was appointed as the manager on April 15, 2015.

“A” regardless of merger and rehabilitation procedures;

2) On the part of the above business, manufacturing and installing combustion treatment equipment (hereinafter referred to as “instant construction”).

(2) On September 30, 2010, A subcontracted the instant construction work to the Plaintiff at KRW 2,519,000,000 (hereinafter “instant contract”).

B. On September 2010, the Plaintiff commenced the instant construction work and completed it on or around March 2012. 2) On June 28, 2012, the Plaintiff concluded a contract for the repair of defects with the Seoul Guarantee Insurance Co., Ltd. and issued a warranty insurance policy for defects to A, which was issued by the said company.

C. 1) On August 2012, 2012, a dispute over the occurrence of defects and the cause thereof is the equipment that separates the low amount of gas contained in the gas by using the lower court’s power, which is set up at the construction site of the instant construction site (Cyclone).

hereinafter referred to as “instant equipment”

2) The defect arising from the gaps and hole in the lower part (hereinafter referred to as “instant defect”)

(2) A) On September 2012, A brought this case to the Plaintiff.

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