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(영문) 서울중앙지방법원 2015.04.29 2014가합583876
청구이의
Text

1. The Defendant’s case against the Plaintiff, such as the Seoul Central District Court 2013 Gohap578, Sept. 24, 2014.

Reasons

The summary of the case is the case seeking the exclusion of executive force of the final judgment against the defendant on the ground that the plaintiff paid all principal and interest of the judgment after deducting the amount of withholding tax from other income.

In fact, on February 27, 2008, the construction company, one of the warranty liability insurance contracts, entered into each of the warranty liability insurance contracts with the Plaintiff on the 115-gil 109 and 127-ro, Jung-gu, Seoul, Jung-gu, Seoul, and the two complexes, and deposit the insurance policy with the Seoul Special Metropolitan City Mayor, the authority for inspection for the use of the insurance policy issued by the Plaintiff.

According to the general terms and conditions of a guaranteed insurance contract, the Plaintiff, a debtor, received a completion inspection on the contract and received a claim for repair or supplementation of defects that occurred within the warranty period, but failed to perform them according to the contract entered in the insurance policy, and thereby, paid the damages suffered by the insured as the obligee in accordance with the terms and conditions of the insurance policy.

Han Il Construction Co., Ltd. had undergone a pre-use inspection on the above 1 and 2 complexes on April 1, 2008, and on February 13, 2013, the insured was changed from the Seoul Special Metropolitan City Mayor Mayor to the defendant, who is an autonomous organization composed of the above 1, 2 complexes, officetels, and the occupants of commercial buildings.

In the lawsuit against the Plaintiff and the Defendant’s repayment of the Plaintiff’s final and conclusive judgment and the Plaintiff’s repayment of the defect repair amount, etc., “the Plaintiff shall pay to the Defendant the amount calculated at the rate of 6% per annum from March 20, 2013 to September 24, 2014; 20% per annum from March 20, 2013 to September 24, 2014; and 36,937,204 won; and damages for delay calculated at the rate of 20% per annum from March 20, 2013 to September 24, 2014; and 6% per annum from March 20, 2013 to September 24, 2014.”

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