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(영문) 서울북부지방법원 2017.03.28 2016가단144024
공사대금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On September 3, 2008, the Plaintiff received the contract for electrical construction of the construction section 6,585,602,628 for the construction site from Geumho-gu Co., Ltd. (hereinafter “instant apartment”) from Geumho-gu Co., Ltd. to KRW 6,585,602,628 (the Plaintiff entered into a construction contract with the Defendant on November 24, 201, including the general conditions and special conditions of the construction contract, and again entered into the construction contract with the same content as the previous contract), and performed the fire extinguishing work (hereinafter “instant construction”).

B. As to the instant apartment, the completion on September 15, 201 was completed.

C. The Plaintiff entered into a warranty contract with the Electric Contractors’ Financial Cooperative to the guarantee period and the period of liability regarding the instant construction from September 15, 201 to September 14, 2014, with the debtor as the Plaintiff, and the guarantee creditor as the Defendant.

After that, water leakage by corrosion occurs on the pipe installed in the apartment household of this case. At the Defendant’s request from April 2015 to June 2016, the Plaintiff carried out the 37-household repair work (hereinafter “instant repair work”) by bringing KRW 32,600,000 into KRW 32,600.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 7, 8 (including branch numbers, if any), Eul's statement Nos. 1 through 6, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion (i) The Plaintiff’s assertion: (a) a singler pipe pipe pipe in the apartment household of this case used a singer pipe material on the design of the apartment house of this case; and (b) an incidental decoration was generated; and (c) a leakage resulting therefrom was generated from a singr pipe part, not the singular part; and (d) it constitutes design defect

The warranty liability period for the defects of the pipe pipes in the apartment household of this case is three years from the completion date of the construction, and the place of the singer pipe pipe installation is Article 27 of the Special Conditions of the Construction Contract, which is part of the construction contract of this case.

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