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1. The defendant's final judgment of Busan High Court 2016Na56397 against the plaintiff is based on the executory power of the case.
Reasons
Facts of recognition
The Plaintiff awarded a contract to Nonparty C (hereinafter referred to as “Nonindicted Company”) for construction of air conditioners for each apartment complex, and the Nonparty Company supplied air conditioners from the Defendant to build the apartment complex.
11. Other matters 3) The three-year contract after completion is “two years.” The written contract includes a special agreement on the repair of defects. The written contract includes the following matters: (a) the Defendant transferred on October 1, 2014, and notified the Plaintiff of the claim for construction payment of KRW 538,580,710 to the Plaintiff; and (b) the Plaintiff closed the contract on June 11, 2015. The Defendant filed a lawsuit against the Plaintiff for the claim for the transfer payment against the Plaintiff; (c) at the same time, the Plaintiff received a partial payment or a substitute payment for the payment of a warranty bond from the Defendant; and (d) the Defendant was sentenced to a judgment that “the payment of KRW 38,269,30 to the Defendant” (Seoul High Court Decision 2016Na56397, Sept. 27, 2017; hereinafter referred to as “instant judgment”).
() The instant judgment was dismissed and finalized on January 25, 2018. The final appeal was made final and conclusive on January 25, 2018. The main contents of the instant judgment were 538,580,710 won for the Plaintiff’s obligation to pay the construction price, ① KRW 330,943,710 for the Plaintiff’s obligation to pay damages in lieu of the defect repair that the Plaintiff had against the non-party company, ② is set off on an equal amount with KRW 169,367,70 for the Plaintiff’s obligation to pay KRW 38,269,300 for the Plaintiff’s remainder to the Defendant. However, the return of the defect repair liability for a part of the subcontract the defect warranty period expired is subject to simultaneous performance defense. Meanwhile, the sum of KRW 169,367,700 for the defect repair damage claim recognized by the instant judgment is the sum of KRW
The main contents are as follows, namely, that the cost of repairing defects of KRW 28,929,700 for the part of the construction that is the object of the assignment of claims by December 8, 2016 (Provided, That the cost of repairing defects of KRW 28,929,700 is the same