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(영문) 서울중앙지방법원 2016.06.10 2015가단160099
(이행)하자보증보험금채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid 18,759,900 won to the Defendant (Counterclaim Plaintiff) and its related amount from June 13, 2015 to July 12, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence 1, Eul evidence 2, Eul evidence 1-1, Eul evidence 1-5, and Eul evidence 2:

On December 6, 2013, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with the Defendant’s Intervenor on December 6, 2013, setting the scheduled date for commencement with respect to “the construction work,” located in Taesung-gu, Daegu Podrid Exhibition Man/Lacle (hereinafter “instant construction work”), which was ordered by the Defendant’s Intervenor, on December 9, 2013; the scheduled date for completion; the contract amount on December 31, 2013; and the contract amount on December 31, 2013; and KRW 600,000,000 (excluding value-added tax). The relevant contents of the instant construction contract are as follows.

Artificial Works Contract (hereinafter referred to as the "Rotterdam Work Contract");

9. Warranty liability (in the case of a complex type of work, classified by type of work) and Article 26 (Security) of the General Conditions for the Contract for Civil Construction Works in 200,000 and 600,000 and 300,000,000 prior to the defect warranty period for each type of work (in the case of a complex type of work), “B” shall pay the amount calculated by multiplying the contract amount by the rate of the defect warranty liability stipulated in the contract (hereinafter referred to as “liability warranty deposit”) to guarantee the defect warranty of the construction work, and pay the amount in cash or a written guarantee issued by the guarantee agency referred to in each subparagraph of Article 4 (2) to “A” (Supplementary intervenor)

(2) "B" shall repair all defects arising from the relevant construction works during the warranty period prescribed in the contract from the date on which "A" takes over the whole object and the date on which the completion inspection is completed.

(3) Where "B" is requested from "A" to repair defects under paragraph (2), and fails to comply with such request, the security deposit for repairing defects under paragraph (1) shall be made.

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