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(영문) 부산지방법원 2017.03.21 2016가단25245
구상금
Text

1. The Defendant’s KRW 20,900,000 as well as the Plaintiff’s annual rate of KRW 6% from February 27, 2016 to April 22, 2016.

Reasons

1. Basic facts

A. On November 10, 201, the Defendant entered into a contract with the Plaintiff’s Intervenor and the Plaintiff for the production and installation of oil materials collection equipment on the surface of the water at the time of M-402 Scom treatment (hereinafter “instant scrap collection equipment”) among the mechanical works of the construction works of the public sewage treatment plant located in Y-402 located in YYY 49-1 located in YYY 49-1, Namnam-nam, Namnam-nam, Seoul.

The above corporation was completed on November 6, 2012.

B. Meanwhile, the Defendant set the period of repair of the Plaintiff’s Intervenor and the Plaintiff’s Intervenor as three years from the date of completion, and repaired the defects due to the Defendant’s fault during the defect repair period, and, if the Plaintiff’s Intervenor’s request for repair of the defects is not complied with, the defect warranty bond belongs to the Plaintiff’s Intervenor and then replaced

C. Around November 2012, the Defendant entered into a guarantee insurance contract (hereinafter “instant guarantee insurance contract”) with the Plaintiff, the Intervenor, the amount of insurance coverage KRW 20,90,000,000, and the period of insurance from November 6, 2012 to November 5, 2015, and submitted it to the Plaintiff’s Intervenor.

In the event that the Plaintiff paid the Plaintiff’s insurance money to the Plaintiff’s Intervenor due to the Defendant’s failure to perform the obligation of repairing defects, etc. under the instant insurance contract, the Defendant paid the Plaintiff the insurance money to be paid and the delay interest rate determined by the Plaintiff from the day after the date of payment of the insurance money to the day

E. On November 25, 2015, the Plaintiff’s Intervenor requested payment of KRW 20,900,000 insurance money to the Plaintiff’s Intervenor, as the cost of handling defects for failure to perform the repair of defects to the Plaintiff. On February 26, 2016, the Plaintiff paid KRW 20,90,000 to the Plaintiff’s Intervenor.

[Reasons for Recognition] A.

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