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1. The claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff was awarded a contract for the construction work of Seongbuk-do SIBL Apartment Co., Ltd. (hereinafter “instant apartment”) with the Korea National Housing Corporation (hereinafter “instant apartment”).
B. On May 26, 2009, the Plaintiff entered into a subcontract with Defendant (hereinafter “instant waterproof Construction Contract”) on the construction period with respect to waterproof Construction among the instant construction works (hereinafter “instant waterproof Construction”) from May 26, 2009 to August 27, 2010, the contract amount of KRW 916,000,000, and the warranty period of defect security liability was four years from the date of completion (hereinafter “instant waterproof Construction Contract”).
C. The Defendant executed the instant waterproof Construction Contract, and the instant construction was completed on September 24, 2010.
However, around June 201, there was a defect that water falls from the living room or room of the apartment of this case and some other households.
E. On June 27, 2011, the Plaintiff sent to the Defendant an official document demanding remuneration for the interior leakage of the household due to the horse in relation to the household of the highest apartment of this case.
F. On July 201, the Plaintiff and the Defendant conducted a water-resistant experiment to observe the leakage of water by putting water on the rooftops of a waterproof construction work in order to clarify the causes of the foregoing defects.
G. On September 7, 2012, the Plaintiff entered into a contract for defect repair works in the name of the construction work called “building siren waterproof Construction Work” between the Pakistan Construction Co., Ltd., and entered into a defect repair contract of KRW 83,200,000, and had the said construction perform a fire-proof construction work on the front rooftop of the instant apartment site.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 1, witness Gap's testimony and the purport of whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion (1) is the defendant of this case.