채무부존재확인
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasons for the court's explanation concerning this case are as follows. The part concerning "tin construction" in the second 2th 14th , and the part concerning "tin construction" in the first 2th 1th b of the grounds for the judgment of the court of first 2 as follows. Paragraph 2 of the grounds for the judgment of the court of first 2 is as stated in the first 1 and the second 2 of the grounds for the judgment of the court of first 2. Thus, it is just as stated in the main sentence of Article 420 of the Civil Procedure Act.
2. The changed part
(a) Paragraph (1)-B of the grounds for the judgment of the first instance;
B. On November 2, 2013, the Plaintiff paid a total of KRW 45 million to the Defendant, including KRW 15 million on November 2, 2013 and KRW 30 million on November 5, 2013.
The Defendant asserted that imported materials arrived at the site of the instant construction, and urged the Plaintiff to pay the remainder of intermediate payments, and the said construction was suspended due to disputes arising out of the absence of payment.
On March 7, 2014, the Defendant received KRW 5 million from the Plaintiff as part of the construction price.
(b) Paragraph (2) among the grounds for the judgment of the first instance;
2. Determination
A. According to the above facts, the instant construction contract is based on the following facts: (a) the Plaintiff filed a lawsuit seeking confirmation of the existence of the obligation based on the premise that the termination was terminated after the discontinuance of the construction work; and (b) the Defendant also filed a lawsuit seeking the payment of the original construction cost on June 17, 2015; (c) the filing date of an application for modification of the purport of the instant claim was delivered to the Defendant on June 17, 2015; (d) the contract was terminated upon mutual consent of both parties; (e) the initial construction cost based on the time was KRW 61,221,420 (14,80,00 x 00 x 0.0 x 0.41999); and (e) the additional construction cost was the total sum of KRW 4,452,439 (3,411,315 additional construction cost).