채무부존재확인
1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
1. The court's explanation on this part of the basic facts is as stated in Paragraph 1 of the reasoning of the first instance judgment, with the exception of adding "Evidence Nos. 16, 1, 2, and 4 through 10" to "Evidence Nos. 16, 1, 2, and 4 through 10" as stated in the reasoning of the first instance judgment, and this part is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
【F. E. The Defendant’s advanced engineering works for the Plaintiff on September 25, 2012 at KRW 863,762,84 (i.e., the total private project cost of KRW 4,852,60,245 x 1/1,000 x 1/1,000 x 178 days and 178 decimal places; hereinafter the same shall apply) with respect to the penalty for delay at the site of the instant project.
) In the case of Agambus project, 121,234,258 won (i.e., total private project cost 3,910,782,505 won x 1/1,000 x 31 days) were notified. Meanwhile, the Defendant’s advanced engineering has the obligation to pay construction cost for completion construction x 1/1,000 x 31 days). On the other hand, the Defendant’s advanced engineering has the obligation to pay construction cost subsidies (750,000,000 won) to the Plaintiff. However, on November 6, 2012, the Plaintiff and the Defendant’s advanced engineering and construction for the purpose of securing the payment of the foregoing liquidated damages between the Plaintiff and the Plaintiff’s obligation to pay the construction cost subsidies for the completion construction by means of offsetting the payment for completion construction by the Defendant’s advanced engineering transferred and offsetting the payment for the completion construction.
G. Accordingly, Defendant advanced engineering paid the Plaintiff construction price by deducting each portion of the above liquidated damages from the construction cost subsidy claim for completion construction. The remainder was paid to the Plaintiff with deducting each amount of the construction cost liability against the Plaintiff. The Plaintiff was not paid the amount of the liquidated damages notified as above.
H. On May 9, 2014, after the judgment of the court of first instance was rendered, the Plaintiff transferred to the Intervenor succeeding to the Plaintiff the claim amounting to KRW 129,564,427, which is the winning amount in the first instance trial, to the Defendant’s advanced engineering.