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(영문) 서울중앙지방법원 2016.02.16 2015가단18389
채무부존재확인
Text

1. On March 3, 2008, between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff), the location of Gangdong-gu Seoul Metropolitan Government 450.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is an organization that is composed of occupants of the Gangdong-gu Seoul Metropolitan Government 450 Godong-dong 450 Godong-dong Apartment-gu apartment (hereinafter “instant apartment”). The Defendant is a company that conducts the defect diagnosis business of apartment.

B. On March 3, 2008, the Plaintiff entered into a contract with the Defendant (hereinafter “instant service contract”) with the following content.

1. Name of contract: Gangwon-wons Institute of Hyburgy, and inspection services of defects;

2. Services: Inspection of defects and preparation of a report on defects in the apartment of this case;

3. Service amount - Amount of down payment: 3 million won - Any balance: 7% of the winning amount, such as an agreed amount, etc.: Provided, That it shall be based on the actual receipt amount.

4. Contract term: ninety days from the contract date; and

C. The defendant conducted a defect investigation of the apartment of this case in accordance with the service contract of this case, and submitted a defect investigation report on June 2, 2008, and thereafter the same year.

9.9. Amending report (hereinafter “instant defect report”) was submitted.

The above defect report prepared by the defendant was stated as requiring KRW 856,453,443 as the defect repair cost of the apartment of this case.

The Plaintiff, based on the instant defect report, filed a lawsuit against Libers Co., Ltd. (hereinafter “Libers Co., Ltd.”) for the warranty bond and the claim for damages under the Seoul Central District Court 2008Gahap29395 (hereinafter “Lawsuit for the Claim for Repair of Defects”). On April 21, 2011, the said court rendered a judgment that “Libers shall pay to the Plaintiff 467,053,649 won, and the amount at the rate of 5% per annum from September 7, 2010 to April 21, 2011, and 20% per annum from the following day to the date of full payment,” which was all dismissed.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 and 2 (including paper numbers), and arguments.

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