logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원평택지원 2016.06.22 2015가합1903
채무부존재확인
Text

1. On June 23, 201, the Plaintiff’s contract for the construction of a new e-mail plant for the Defendant.

Reasons

1. Basic facts

A. On June 23, 2011, the Plaintiff entered into a contract with the Defendant for the construction of Defendant Pyeongtaek-si Factory on the land outside of 234-3 and 8 parcels of Pyeongtaek-si, Pyeongtaek-do, Chungcheongnam-do, and completed the said construction on October 23, 2012.

(hereinafter “instant construction project”). (b)

With respect to the instant contract with Seoul Guarantee Insurance Co., Ltd., the Plaintiff entered into a guarantee insurance contract with the policyholder, the insured, the Defendant, the amount of insurance coverage of KRW 250,80,000,000 for insurance period, and the period from November 1, 2012 to October 31, 2015 (a defect).

(hereinafter “instant insurance contract”). C.

On June 27, 2013, November 26, 2013, June 5, 2014, June 5, 2014, and April 27, 2015, the Defendant requested the Plaintiff to repair a total of 121 repair of the instant construction works on a total of four occasions. Of the matters requested by the Defendant, the Plaintiff performed repair works for eight items (the parts pointed out in the comprehensive precise inspection of the Defendant’s facilities for pre-damage treatment, the replacement of the damaged septic tank facilities, the repair of the cargo elevators and resting rooms, and the repair of the parts pointed out in the comprehensive precise inspection of the Song Fire Station) among the matters requested by the Defendant.

On April 14, 2015, the Defendant filed a claim for KRW 60,791,000 of the insurance money under the insurance contract of this case with Seoul Guarantee Insurance on the ground that there is any defect, such as the column for the estimate amount of the insured for the repair of defects in the attached Table, on October 14, 2015, the Seoul Guarantee Insurance inspected the construction site of this case on October 1, 2015, and notified the Defendant on October 5, 2015, that the Defendant would pay KRW 4,60,000 for the aggregate of the expenses for the repair of defects recognized as stated in the table.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 8, witness A and Eul testimony, the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff 1 asserted by the parties concerned completed the construction in accordance with the design drawings set out in the instant contract.

Some of the defects alleged by the defendant are defects in the use management of the defendant or defects in the materials itself, and the plaintiff's construction works.

arrow