채무부존재확인
1. It is confirmed that there is no obligation listed in the separate sheet against the defendant of the plaintiff.
2. The costs of lawsuit shall be.
1. Basic facts
A. On September 17, 2016, the Plaintiff entered into a contract with the Defendant for the Rotterdam Corporation (hereinafter “instant construction”) with respect to “C” a restaurant operated by the Defendant, and the main contents are as follows.
Construction site: C The construction period of the building in Gwangjin-gu Seoul Special Metropolitan City: the construction cost of KRW 151,00,000 (excluding value-added tax) from September 19, 2016 to October 27, 2016.
B. While the Plaintiff was performing the instant construction project, the Plaintiff completed the construction project around October 27, 2016, including the total construction cost of KRW 175,065,00 (including value-added tax) at the Defendant’s request.
C. On November 4, 2016, in order to guarantee the performance of the instant construction duty, the Plaintiff entered into a warranty insurance contract with the E-Financial Cooperative with the Plaintiff, the guaranty creditor, the Defendant, and the guaranteed amount of KRW 4,543,00.
The Defendant paid only 165,970,000 won out of the total construction cost of KRW 175,065,000, and did not pay the remainder of KRW 9,095,000. The Plaintiff filed a lawsuit against the Defendant over the claim for construction cost (Seoul District Court 2017Da6464) on May 15, 2018, and subsequently rendered a judgment in favor of the Plaintiff to the effect that “the Defendant shall pay to the Plaintiff KRW 9,095,000 and damages for delay from November 2, 2016,” which became final and conclusive on July 6, 2018 after the Defendant appealed (Seoul District Court 2018Na3432).
(hereinafter referred to as the “instant litigation”). (e)
On July 12, 2018, the E-Mutual Aid Association notified the Plaintiff of the pre-announcement of the payment of security deposit that the Defendant, the guarantee creditor, will give advance notice of the payment of the security deposit.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 3, 6, 7 (including paper numbers), the purport of the whole pleadings
2. The assertion of the party and the judgment thereof
A. The plaintiff asserts that there is no error in the construction of this case.