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1. The Defendant’s KRW 14,098,598 as well as the Plaintiff’s KRW 5% per annum from October 26, 2016 to January 16, 2018.
Reasons
1. Facts of recognition;
A. On November 2012, the Plaintiff entered into a contract under which the term of construction of a newly built multi-household (hereinafter “instant newly built construction”) was from May 24, 2012 to September 30, 2013 (hereinafter “instant contract”).
In addition, at that time, Seogards entered into a contract (hereinafter “instant subcontract agreement”) with C (D) to subcontract the finishing work and the interior decoration work (i.e., drawing, floor, stone work, interior work, sculpture work, tidal work, tidal work, sunshine work, string, painting, painting, site packing work, appurtenant work, landscaping work, booming work, spathing, spathing, spathing, spathing, and temperature) among the new construction work in the instant case.
B. C entered into a guarantee insurance contract (e.g., performance) with the Defendant as the insured in connection with the instant subcontract (hereinafter “C’s guarantee insurance contract”), and the main contents thereof are as follows.
The amount of insurance coverage: The insurance coverage period of KRW 27,446,32: From September 30, 2013 to September 29, 2016: the content of the main contract of the defect bond under the construction contract - The name of the main contract: The contract amount between September 30, 2013 and September 29, 2016: the contract amount: the contract amount from September 30, 2013 to September 29, 2016: the company under Article 6 (Compensation for Loss) of the General Terms and Conditions of KRW 914,87,392 after the debtor has undergone the completion inspection or examination of the contract or the sales contract and has received a claim for repair or supplementation of the defects that occurred within the warranty liability period, and thereby the loss suffered by the insured who is the creditor by failing to perform it in accordance with the insurance policy, shall be bound in accordance with this insurance policy.
Article 19 (Extinctive Prescription)