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(영문) 춘천지방법원강릉지원 2016.05.11 2015가단2276
하자보수비용
Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Hansan Industrial Development Co., Ltd. (hereinafter “Korea Industries Development”) contracted the supply of integrated energy supply business for the second industrial complex in the following industry after receiving the supply of energy from the Hansan Industrial Complex Co., Ltd. (hereinafter “Commercial Energy”) and subcontracted the supply business to the Plaintiff.

B. On July 15, 2010, Defendant Esatech Co., Ltd. (hereinafter “Defendant Co., Ltd”) completed the instant construction work on April 1, 2012, following the three-month test run period (hereinafter “instant construction work”) after re-supply and installation work of Aldyp and coal supply equipment (RF & Co., Ltd.; hereinafter “instant equipment”).

C. On August 1, 2013, air energy, among the instant facilities, required repair in the event of defects in the Hexabker’s hacker’s hacker’s hacker among the instant facilities on August 1, 2013, and on August 19, 2013, among the instant facilities, there were defects in the Hexabker’s hacker’s hackft.

Korea Industrial Development requested the Plaintiff to improve defects on November 11, 2013 and January 2, 2014. On November 15, 2013 and January 6, 2014, the Plaintiff sent notice to the Defendant Company of the aforementioned response situation on January 6, 2014.

E. After executing the direct repair work, the air energy claimed payment of KRW 124,250,00 for the construction cost for Korea Industries Development (i.e., KRW 84,960,00 for the cost of remuneration for Korea-based crowdfunding operator’s 84,960,000 for the cost of remuneration for the portion not executed by the Defendant Company ( KRW 33,510,000 for the cost of remuneration for the portion not executed by the Defendant Company).

F. On March 18, 2014, Korea-China Industrial Development paid KRW 124,250,000 to the airspace energy, and on April 2, 2014, the Seoul Guarantee Insurance Co., Ltd. entered into a warranty insurance contract with the Plaintiff.

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