채무부존재확인
1. On August 14, 2014, between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff), the Plaintiff (Counterclaim Defendant) based on the settlement agreement concluded on August 14, 2014.
1. The principal lawsuit and counterclaim shall be deemed to be combined;
A. On November 15, 2013, the Plaintiff concluded the instant construction contract with C, an agent of the Defendant (hereinafter “instant construction contract”).
The name of the construction: The construction period of the new construction of a factory in D (hereinafter referred to as “instant construction”): the contract amount from October 10 to January 30, 2014: 1,500,000 won (the supply price of KRW 1,353,535,354, value-added tax of KRW 136,363,63,636): the Plaintiff, the contractor: the Defendant, and the joint guarantor: E representative director C.
B. As to the instant construction project on the same day, the Plaintiff and the Defendant’s agent, were the same as the contracting parties, but the contract amount of which is KRW 1,980,00,000 (including value-added tax) was prepared as a separate construction contract (hereinafter “the instant side contract”).
C. The Plaintiff paid a total of KRW 1,09,829,000 to the Defendant from October 24, 2013 to January 4, 2014.
On January 2014, the Plaintiff and the Defendant entered into the instant additional construction contract (hereinafter “instant additional construction contract”) with respect to the instant construction project.
E. On July 30, 2014, the Plaintiff commenced the possession of the factory newly constructed by the instant construction (hereinafter “instant factory”) and operated the instant factory from August 1, 2014.
F. On August 14, 2014, the Plaintiff and the Defendant entered into an settlement agreement with respect to the instant construction project with the following content (hereinafter “instant settlement agreement”).
Settlement Agreements
1. Details of the settlement of construction cost: (1) Details of the settlement of construction cost: 1,50,000,000 won for a new construction project (a side agreement, 1,980,000,000 won): < Amended by Presidential Decree No. 150, Oct. 24, 2013; Presidential Decree No. 17088, Nov. 10, 2013; Presidential Decree No. 17458, Dec. 99, 2013; Presidential Decree No. 18258, Dec. 16, 2013; Presidential Decree No. 17003, Dec. 16, 2013; Presidential Decree No. 17005, Oct. 5, 14, 2014; Presidential Decree No. 17009, Oct. 15, 209; Presidential Decree No. 170813, Mar. 16, 2007>