logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.06.05 2017나39510
구상금
Text

1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the part pertaining to the participation in the appeal is the intervenor joining the Plaintiff.

Reasons

1. Basic facts

A. On January 16, 2008, Daewoo Motor Sales Co., Ltd. entered into a construction contract with E Co., Ltd. (hereinafter “E”) and entered into a construction subcontract (hereinafter “instant construction contract”) with respect to the temporary and reinforced concrete construction works for which the Plaintiff’s Intervenor entered into a contract with the Plaintiff’s Intervenor during the construction project (hereinafter “instant construction works”) by setting the construction cost of 8,523,414,300 won and 10 years after the completion of the warranty period.

B. On January 6, 2009, the Plaintiff entered into a guarantee insurance contract (hereinafter “instant insurance contract”) with E as follows.

Policy Policyholders E (State), the insurance coverage period from January 1, 2009 to December 31, 2018, with the purchase amount of warranty bonds under the contract for the construction works under the warranty contract, KRW 269,173,497, D New Construction / snow and reinforced concrete construction works under the contract for the main construction works, the main construction works of KRW 497, - al.

C. The content of the insurance contract of this case relating to the duty to inform losses and after the contract is covered as follows.

Article 6 (Compensation for Loss) The Company is bound to compensate for the loss suffered by the insured who is the obligee in accordance with the terms and conditions of the insurance policy by failing to perform the claim for repair or supplementation of the defect that occurred within the period of warranty liability after the contractor, who has undergone the completion inspection or examination of the contract or the contract of sale, even though he has received the claim for repair or supplementation of the defect within the period of warranty liability.

Article 10 (Duty to Notify after Contract) (1) Where any of the following events occurs after the contract has been made, the contractor or the insured shall, without delay, notify the company in writing and obtain confirmation on the insurance policy (insurance Policy):

2. Replacement of the contractor: (4) If the address or contact information is changed, the contractor shall notify the company without delay;

(a)a contractor;

arrow