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The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
The purport of the claim and the purport of the appeal:
Reasons
1. Facts of recognition;
A. On August 22, 2016, the Defendant, who operates D, was awarded a contract for the construction of a three story “F” (hereinafter “instant construction”) from the Plaintiff’s Intervenor B Limited Company (hereinafter “instant company”) on the ground of Gangnam-gu, Seoul (hereinafter “instant building”), among the buildings under construction on the ground of Gangnam-gu (hereinafter “instant building”) (hereinafter “instant contract”), and the parts related to the instant case in the terms of the said contract are as follows.
The construction period: From October 1, 2016 to December 15, 2016, the scope of the contract: 12 months from the date of completion of the construction of the design documents and the defects in all related construction works (excluding special terms and conditions of the construction works): Article 6 (Preparation of Design Documents) (3) The defendant shall obtain confirmation as to whether the construction conforms to the terms and conditions of the authorization and permission of the building and the standards thereof through close consultation with the designers (construction, machinery, electricity, fire fighting) in each field of the building newly constructed at the time of completion of the construction, and make amendments to the liabilities and expenses of the Gu at the time of the occurrence of the problem.
1) The scope of the project
(d) design documentation and construction coverage - design drawings and specifications - design drawings and specifications for equipment or products shall be designed with more than one unit of product, such as machinery, electricity, and fire fighting, on the basis of the construction and structural drawings provided by the instant company prior to the contract and the three-story design drawings prepared by the Defendant.
B. On December 2016, the Defendant completed the instant construction, and the instant company completed the approval for the use of the instant building on December 29, 2016.
Performance (Defects) Article 3 (Compensation for Loss and Bearing of Expenses) of the Guarantee Insurance Agreement (AD) ① Failure to perform his/her obligation or obligation guaranteed by the Company (hereinafter referred to as “insurance risk”).
When a company pays insurance money to the insured, it shall pay the insurance money immediately, but if delayed, it shall pay the insurance money.