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(영문) 서울중앙지방법원 2020.10.28 2018나60108

채무부존재확인

Text

1. The judgment of the court of first instance is modified as follows.

On March 2016, between the Plaintiff and the Defendant.

Reasons

1. Basic facts

A. Co., Ltd. (hereinafter “C”) on March 7, 2016, the Intervenor joining the Defendant entered into the instant service contract

) The incorporated association and G (hereinafter referred to as “G”)

2) A service contract (hereinafter “instant service contract”) under which the “PMF service contract for the third support project of the E Hospital” is entered into as a joint contractor is awarded to the said joint contractor.

A) A contract: The contract amount for the PEC service contract for the E Hospital : KRW 1,543,495,240 (i.e., C52,491,620 G 91,003,620): the contract period: From March 7, 2016 to December 6, 2018: the scale of construction: the total floor area of the first floor and the fourth floor above (840 square meters) - the period for the performance of health TPP service: the contract amount on March 7, 2016 to December 6, 2018; (ii) the details of the contract for the execution of the relevant general contract or on January 7, 2016 to the Korea International Cooperation Agency (which shall take precedence over the execution of the contract; (iii) the execution of the contract terms and conditions of the contract; and (iv) the execution of the contract terms and conditions of the general contract or on January 6, 2017 (which shall take precedence over the execution of the contract terms and conditions of the contract).

2. Where it is deemed that the contractor fails to complete or is unlikely to complete the relevant services by the deadline due to a cause attributable to the contractor.