채무부존재확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff entered into each construction subcontract agreement (hereinafter collectively referred to as the “instant subcontract agreement”) that stipulates that the Defendant shall accept a subcontract for early fluorry works, waterproof works, and swimming works from among the E works performed by the headquarters of the National Defense Facility in Pyeongtaek-si D (hereinafter referred to as the “instant works”).
The terms and conditions of the instant subcontract were finally modified as indicated below.
The plaintiff decided to submit a guaranty insurance policy to the defendant instead of paying the performance bond.
The construction cost (based on the final change of the construction cost) as of the date of the conclusion of the contract shall be 320,314,50 won from May 27, 2014 to October 23, 2016, which is KRW 32,031,450,00 won from November 20, 2013 to October 23, 2016, for the construction period of the deposit for performing the contract as of May 27, 2014. < Amended by Presidential Decree No. 25990, Oct. 1, 2014; Presidential Decree No. 28447, Oct. 1, 2014; Presidential Decree No. 28477, Oct. 1, 2014; Presidential Decree No. 25955, Oct. 1, 2014; Presidential Decree No. 25001, Oct. 1, 519, 197>
The Plaintiff entered into a contract guarantee insurance contract (hereinafter “instant guarantee insurance contract”) that guarantees the contract performance deposit to be paid to the Defendant when the Plaintiff failed to perform the instant subcontract due to the reasons attributable to the Plaintiff as the insured with C Co., Ltd. (hereinafter “C”) and the Defendant, and issued a guaranty insurance policy and submitted it to the Defendant.
The terms and conditions of the guaranteed insurance contract were modified according to the revised terms and conditions of the contract.
C. On August 2016, the Plaintiff and the Defendant completed a written agreement and completed the said construction work, at the Plaintiff’s request, as it was impossible to normally perform the remaining construction due to the Plaintiff’s reasons related to the instant subcontracted project.
On May 25, 2017, the Defendant claimed to C for the payment of KRW 283,140,000, which is the aggregate amount of each performance bond based on the instant guarantee insurance contract.
[Reasons for Recognition] Unsatisfy, entry of evidence Nos. 1 to 5, the purport of the whole pleadings
2. Main Safety.