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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On July 30, 2010, the Plaintiff was awarded a contract for construction works for the National Institute of Environmental Research and the Korea National Institute of Environmental Research, which was ordered by the National Institute of Environmental Research and the Korea National Institute of Climate Change Research, and subcontracted the construction works for the new energy (heating and solar energy) among them to the Defendant. The Defendant completed the construction works for the new energy around November 24, 2010.
B. On December 31, 2010, the Defendant submitted to the Plaintiff a warranty bond of KRW 11,167,200 as the guaranteed amount, and the warranty period from November 25, 2010 to November 24, 2013.
C. From the end of 2010, the Plaintiff requested the Defendant to repair the defects from the time of the occurrence of leakage due to the same wave, and the Defendant replaced the solar fever.
From December 2, 2011 to February 2, 2012, from the end of 2012 to the beginning of 2013, water leakage occurred due to the same wave continuously, and the Plaintiff requested the Korea Facilities Financial Cooperative on December 27, 2012 to pay the warranty bond.
E. On May 31, 2013, the Korea Equipment Mutual Aid Association sent to the Plaintiff a letter of public notice to the effect that the leakage of solar heat sets was caused by design defect and the failure to manage the ordering place. As such, the Korea Equipment Mutual Aid Association did not have the obligation to pay the warranty bond, and the content of the written opinion attached to the said public notice is as follows:
The name of the written opinion construction: ascertaining the cause of the concentration of the new energy (geothermal and solar heat) construction among the construction works of the National Institute of Environmental Research, the National Institute of Environmental Research, and the construction works of the National Institute of Environmental Research, ① the automatic control method of the rupture is to be installed in the current pressure control method or the next temperature control method; ② the rupture is installed on the rooftop, but the rupture of the rupture is very small at 7m in the amount of the rupture. ③ The rupture system is operated for 24 hours. However, the rupture system is not directly connected to the rupture system, ④ the supplementary number of the rupture system is not connected to the supplementary water tank, and the overall system of the current system is directly connected to the water supply pipes (unused of the rupture).