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(영문) 인천지방법원 2015.06.09 2014나16104
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 7, 2010, the Plaintiff engaged in the building interior construction business entered into a contract for D’s artificial telegraphing construction work (hereinafter “instant construction work”) with D’s artificial telegraphing in Incheon at KRW 140,000,000.

The main contents are as follows:

6. Period of warranty liability: Two years from the date of taking over the object B after completion inspection.

7. Defect repair rate: 10% (Deposit for Contract) The plaintiff shall pay, in cash or with the following certificates, an amount equivalent to 10% of the total contract amount before the conclusion of the contract in order to guarantee the performance of this contract:

1. Certificates from the Construction Mutual Aid Association;

2. Surety insurance policy;

3. Article 8 (Non-conforming Construction Works) B of the Promissory Notes of a Bank may, in the event that there are parts inconsistent with the design documents during the construction works executed by the Plaintiff, request the Plaintiff to correct such parts, and the Plaintiff shall comply without delay.

Article 10 (Completion) (1) The plaintiff shall notify B of the completion of the construction, and B shall conduct the inspection without delay in the presence of the plaintiff after receiving the notification.

(2) When the plaintiff fails to pass an inspection under paragraph (1), he/she shall repair or remodel it without delay and undergo a re-inspection.

(3) The plaintiff may, when he/she has an objection to the result of the inspection, request a reinspection, and B shall comply with it.

Article 14 (Defect Security) (1) The plaintiff shall pay the amount calculated by multiplying the contract price by the rate of the defect warranty bond prescribed in the contract (hereinafter referred to as "deposit for defect repair") to the plaintiff as cash or as follows until the price for the relevant construction is paid after the completion inspection:

1. Certificates from the Construction Mutual Aid Association;

2. Surety insurance policy;

3. Bank promissory note (2) The plaintiff shall repair all defects arising from the relevant works during the warranty period for defects as stipulated in the contract from the date of completion inspection.

Provided, That natural disasters, etc. shall be made after the object of construction is delivered.

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