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(영문) 서울중앙지방법원 2016.10.06 2015가합535058
손해배상(기)
Text

1. The Plaintiff and the Defendant Geum River C&T Co., Ltd.: (a) KRW 222,239,363 and its related amount from June 9, 2015 to October 6, 2016.

Reasons

1. Facts of recognition;

A. On October 29, 2010, the Plaintiff entered into a subcontract of this case (hereinafter referred to as the “instant subcontract”) with respect to the construction work of the construction work of the Japanese semiconductors Co., Ltd. (hereinafter referred to as “former semiconductors”), the contract amount of KRW 170,000,000 (including the alteration of KRW 1980,000,000,000,000,000) from Yeonsu-gu, Incheon, as it was awarded a contract for the construction work of the Japanese semiconductor transmission factory (hereinafter referred to as “former semiconductors”), and on December 20, 2010, the Plaintiff entered into the subcontract of this case (hereinafter referred to as the “instant construction work”).

B. On December 20, 2010, the Defendant Fire-Fighting Industry Mutual Aid Association concluded a contract on the warranty liability of the instant construction works between Defendant Geum River-Tech and the warranty period from October 10, 201 to October 9, 2014 regarding the warranty liability amounting to KRW 99 million (hereinafter “instant warranty contract”).

C. The cost of repairing defects remains as shown in the attached Table 1, 2, and 3 in the invoice for a factory newly constructed by the plaintiff after being awarded a contract by the Japanese semiconductor, and the cost of repairing defects in the defendant's construction (number 4, 7, 9, 10, 12, 14 through 17, 19, 22, and 1, 3 additional 1, 3 in the attached Table 3) is total 27,79, 204 won [251, 349, 91 won + 492,342 won [574, 399- 82,057 won [Attachment Table 1] +3,143,367 won + 22,13,504 won];

The semiconductor, which was in the process of the preceding lawsuit, filed a lawsuit claiming insurance money against the Seoul Guarantee Insurance Co., Ltd. (Seoul Central District Court 2013Gahap79110) for which the Plaintiff concluded a guarantee insurance contract as the insured with respect to the new construction of semiconductor transmission plant.

On March 24, 2015, the above court held the Seoul Guarantee Insurance Co., Ltd. and the Plaintiff as to semiconductors, respectively, 200 million won.

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