logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.06.04 2018나62241
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3.Paragraph 2 of the text of the judgment of the court of first instance.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an insurance contract (hereinafter “instant insurance contract”) with C on December 26, 2016, setting the insurance period as KRW 1 billion with respect to the insurance of D, and the insurance period as from December 26, 2016 to December 15, 2019. The Defendant is the representative of Construction Business E.

B. On October 26, 2016, the Defendant concluded a contract on the construction of facilities, etc. (hereinafter “instant construction contract”) of G located on the second floor of the F building in the Yeongdeungpo-gu, Suwon-si (hereinafter “instant store”) (hereinafter “instant construction contract”).

The contents related to this case among the contents of the instant construction contract are as follows.

Domestic Construction Contract

3. Period of construction: ( October 26, 2016 to November 30, 2016).

4. Contract amount: 32,00,000 won (excluding value-added tax).

5. Contract deposit under 1): 3,200,000 won (payment date: November 2, 2016; Cash): 10,000,000 won (payment date: November 7, 2016; Cash) intermediate payment: 12,000,000 won (payment date: November 15, 2016; Cash); 4) Balance: 6,800,000 won (payment date: December 3, 2016; Cash): 26, 2016: B contractor (B: Article 1 of the terms and conditions of the contract: In any case, B shall not be delegated to a third party or delegated to a public corporation, and B shall not be supervised by B:

Article 5:The warranty period of defect shall be one year, and "B" shall be reconstructed immediately upon the occurrence of the defect, and in the event of failure, "A" may delegate the repair to a third person, and the expenses therefrom shall be paid in full by "B", and "B" shall deposit an amount equivalent to 10/100 of the construction amount or a defect performance insurance policy to "A" for the warranty of defect.

Special terms: A special agreement shall be agreed to pay 500,000 won per day if not closed by November 30 of the construction period.

C. The drainage pipes buried on the main floor of the instant store around July 10, 2017.

arrow