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(영문) 청주지방법원 2016.11.10 2016가합20876

채무부존재확인

Text

1. The Daejeon High Court (Cheongju) against the Plaintiff, on April 28, 2015, Decision 2014Na20593 (Main Office), and 2014Na20609 (Counterclaim).

Reasons

1. Basic facts

A. The Plaintiff’s conclusion of the instant contract and the process of related litigation 1) The construction of the instant Btel (hereinafter referred to as “instant building” and the said construction as “construction of the instant building”).

(A) On September 16, 2010, the Defendant awarded a subcontract for telecommunications equipment and fire-fighting equipment and fire-fighting equipment and facilities among the new construction works of the instant building in KRW 605,00,000 of the contract amount (hereinafter the above subcontract was referred to as the “instant contract,” and the “construction works stipulated in the instant contract” refers to the instant construction works.

(2) The Plaintiff filed a lawsuit against the Defendant seeking confirmation that construction cost under the instant contract does not exceed KRW 46 million, and the Defendant filed a counterclaim seeking the payment of construction cost under the instant contract.

On April 10, 2014, the first instance court rendered a judgment that "the plaintiff shall pay to the defendant 131,898,878 won and the amount at the rate of 5% per annum from October 26, 201 to April 10, 2014, and 20% per annum from the next day to the day of full payment, and the plaintiff's obligation to pay construction expenses under the contract of this case to the defendant shall not exceed the above amount."

[Cheongju District Court Decision 2012Da5732, 2013Gahap26835, Apr. 10, 2014 (Counterclaim)] 3 and all of the Plaintiff and the Defendant appealed against them. The appellate court closed the pleadings on April 7, 2015, and subsequently decided April 28, 2015, "the Plaintiff shall pay to the Defendant 226,177,540 won, and 131,898,878 won among them, five percent per annum from October 26, 2011 to April 10, 2014; twenty percent per annum from the following day to the date of full payment; twenty percent per annum from the following day to October 26, 2011 to the date of full payment; and twenty percent per annum from the following day to April 25, 2015 to the date of full payment; and one percent per annum from the following day to April 26, 2011 to the date of full payment.