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(영문) 인천지방법원부천지원 2020.01.31 2018가단119980
채무부존재확인
Text

1. The Plaintiff’s repair of defects under the contract for new construction of C detached Housing at Kimpo-si on February 13, 2018 against the Defendant.

Reasons

As to the plaintiff's assertion that the liability for damages in lieu of defect repairs based on the contract for new construction works entered in the order against the defendant does not exist in excess of KRW 8,085,251, it shall not be clearly disputed by the defendant.

As to the above contract, the Defendant asserted the legal relationship by claiming against D Co., Ltd. the warranty insurance for defects of KRW 20,950,000, and the Plaintiff filed a lawsuit for confirmation of this case, and the Defendant claimed against D Co., Ltd. for damages of KRW 20,000,00 due to the defect of the said house, and subsequently, claimed the right relationship against the Plaintiff as a counterclaim. Thus, the mere reason that the Defendant did not dispute the Plaintiff’s claim at the time of closing the argument of this case does not have any

(See Supreme Court Decision 2008Da74130 Decided January 15, 2009. Accordingly, the Plaintiff’s claim of this case is accepted on the grounds of its reasoning, and the burden of litigation costs is determined as per Disposition by applying Article 98 of the Civil Procedure Act.

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