채무부존재확인
1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) the amount of KRW 498,243,00 and the amount of KRW 498,243,00 from August 10, 2017.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On February 29, 2012, the Plaintiff entered into a construction contract with the Defendant for a construction project that the Plaintiff was contracted on February 28, 2013 with the construction cost of 4,140,822,00 won on the land of 10-9 (hereinafter “instant building”) and the construction cost of 4,140,82,00 won on the land of 10-9 (hereinafter “instant building”). The construction contract amount, completion date, etc. was modified on several occasions, and the construction contract amount, completion date, etc. was changed on February 28, 2014, and the completion date of the construction project was changed on April 15, 2014.
(hereinafter referred to as the “instant construction contract”). B.
The Plaintiff completed the instant building in accordance with the instant construction contract on May 29, 2014.
[Ground of recognition] Facts without dispute, Gap evidence No. 1-4, Eul evidence No. 2, the purport of the whole pleadings
2. The assertion and judgment
A. 1) The parties’ assertion 1) Although there is no defect in the building of this case alleged by the Plaintiff, the Defendant demanded the Plaintiff to repair the defect, and the Plaintiff also demanded the guaranteed insurance money. Therefore, the Plaintiff seeks confirmation of the absence of the obligation to repair the defect in accordance with the instant construction contract against the Defendant as the principal lawsuit. 2) Since there was a defect that requires KRW 498,243,000 to the defect repair in the building of this case alleged by the Defendant, the Defendant claimed KRW 498,243,00 as a counterclaim in lieu of the defect repair.
B. In full view of the purport of the entire pleadings as a result of the appraiser A’s appraisal, the following facts can be acknowledged: “In the instant building, 498,243,000 won in total is anticipated to be required for the repair of defects as shown in the attached list,” such as “perimation of horizontal absence in the bath room in the 2-3th floor.”
Therefore, the plaintiff's claim of the principal lawsuit based on the premise that no defects have occurred in the building of this case cannot be accepted, and the plaintiff is substituted for the defect repair to the defendant.