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(영문) 서울중앙지방법원 2016.08.31 2014가합48854
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Basic facts

A. On December 12, 2008, the Plaintiff entered into a contract for construction works with a joint supply and demand company (25% of the Plaintiff’s share in the building, 75% of the shares in the building works, and hereinafter “joint supply and demand company of this case”) (hereinafter “instant joint supply and demand company”) and was awarded a contract for the new construction of the Hanam Knowledge Industry Center (hereinafter “instant building”) which is an apartment apartment-type factory of the 762 ground-type apartment in Seonam-si, Seonam-gu, Seonam-gu, 2008.

B. 1) On December 28, 2010, the Plaintiff and the Musan Construction Co., Ltd. concluded a warranty insurance contract with respect to the instant building with the Defendant, setting the insured and the secured creditor’s future rink costs, as indicated below (hereinafter “instant warranty insurance contract”).

(3) Notwithstanding the fact that each of the surety insurance policies was concluded and issued on December 31, 2010 to December 30, 201 (1 year) and the insured did not carry out the warranty contract at least 354,261,60 on December 31, 201 to December 30, 201, 205,654,00 on December 30, 200 to December 31, 2012 (2 year) and the insured did not carry out the warranty contract at least 708,523,2040 on December 31, 201 to December 30, 201 to December 30, 201 to 30, 205 to 30, 206, 203, 305, 205, 201, 203, 201, 305, 2013, 205, 2015.

3) The Plaintiff, the Defendant, the insured and the secured creditor of the instant guarantee insurance contract after the Defendant, from the future case DNA to the Intervenor joining the Defendant (hereinafter “ Intervenor”).

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