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(영문) 광주지방법원 2015.12.17 2013가합8665

채무부존재확인 등

Text

1. Land and construction subcontracted to the Defendant among B (C) projects that the Plaintiff contracted by Nonparty Korea Electric Power Corporation.

Reasons

1. Basic facts

A. On September 30, 2011, the Plaintiff and Nonparty Korea Electric Power Corporation (i) entered into an original contract between the Plaintiff and Korea Electric Power Corporation, and the Plaintiff’s “B Corporation (C)” (hereinafter “instant construction”) between Korea Electric Power Corporation and Korea Electric Power Corporation.

(2) The contract for the construction work of which the contract was entered into between the contract amount2,643,35,000 won and the construction period from October 5, 201 to January 26, 2013 (hereinafter “the contract for the construction work of this case”).

2) The instant construction works consist of H section of 1,312 meters from D to E (hereinafter “instant primary section”) and H section of 609 meters from F to E (hereinafter “instant secondary section”).

B. (1) On February 29, 2012, the Plaintiff and the Defendant’s subcontract agreement entered into between the Defendant and the Defendant, setting the subcontract rate of 83.06% to the Defendant, and at the same time, set the subcontract rate of 83.06% to the Defendant as indicated in the following table:

contract amount of 70,230,00 won, 10 and 200

(2) The execution of each of the above subcontracts to the effect that the contract amount is 87,540,000 won (hereinafter referred to as the “instant subcontract”).

A) The Plaintiff and the Defendant concluded the instant subcontract agreement with the Plaintiff on February 1, 2012, from March 1, 2012 to December 31, 2012, 2012, for the construction of the instant section of the construction period (united (united) of the instant section of the construction period, to December 31, 2012, the total sum of 857,770,000 from March 1, 2012 to December 31, 2012, for the efficient construction of the instant section of the construction period (hereinafter “the instant section of the construction”) and then around October 2012, the Plaintiff and the Defendant did not agree with the Plaintiff regarding the instant section of the second earth of the instant construction period (hereinafter “the instant section of the construction”). However, the Plaintiff and the Defendant did not actually agree with the instant subcontract.