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(영문) 서울고등법원 2016.08.09 2015나2050789

채무부존재확인

Text

1.The judgment of the first instance shall be modified as follows:

As of February 7, 2013, between the Plaintiff and the Defendant, C ground.

Reasons

1. Basic facts

A. On February 7, 2013, the Plaintiff entered into the instant contract with the Defendant: (a) awarded a contract for the construction of neighborhood facilities and business facilities (hereinafter “instant building”); (b) the construction period from February 15, 2013 to September 30, 2013 (including value-added tax) shall be KRW 2,300,000 for the construction period; (c) the down payment of KRW 50,000 for the construction cost shall be KRW 650,000 until completion of the contract, and KRW 1,00,000,000 for the remainder of the contract, 60,000,000 for the construction cost shall be paid to the Defendant within six months after completion of the contract (hereinafter “instant contract”).

B. Under the instant contract, the Plaintiff paid KRW 50,00,000,000, respectively, to the Defendant on March 18, 2013, pursuant to the Plaintiff’s payment of the construction cost to the Defendant, including the payment of KRW 50,00,000 to the Defendant on February 25, 2013; and KRW 10,00,000 on April 23, 2013, including the payment of KRW 15,00,00 to the Defendant on May 23, 2013, and KRW 520,000,000,000, respectively. < Amended by Act No. 11690, Feb. 18, 2013; Act No. 11873, Apr. 2, 2013; Act No. 11700, Apr. 23, 2013>

C. On November 6, 2013, the Defendant sent a notice to the Plaintiff on November 6, 2013, stating that “19,545,455, out of the construction cost and KRW 60,000,00 of the additional construction cost have not been paid, which would have changed payment by November 15, 2013.” On November 9, 2013, the Plaintiff suspended the instant construction work. (2) On December 9, 2013, the Plaintiff sent to the Defendant a notice to the effect that “if the construction is not resumed within 14 days from the date of the receipt of the notice, the construction work will be rescinded.”

3. The Defendant did not resume the instant construction even until December 25, 2013, and the Plaintiff was the Defendant on December 26, 2013.