채무부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff is a company established for the purpose of the business of processing and manufacturing glass, sound construction, glass products, etc., and the Defendant is a company established for the purpose of a package contract, such as civil engineering, construction, and construction.
On May 29, 2015, the Plaintiff and the Defendant entered into a contract for construction work with the effect that the construction work (hereinafter “instant construction work”) at the first phase (1st) Pakistan Co., Ltd. (hereinafter “Paid”) was “amounted to 505,184,680,000 won (including value-added tax)” from May 29, 2015 to March 31, 2017; the scheduled date of approval for use; and on December 15, 2016, the term “3/1000 of the total contract amount as of the date of approval for use”.
As for the instant construction work, Pakistan has designated the contact and special glass to be used in the instant construction work as the glass produced from the “SYP” (hereinafter “SYP”). On March 12, 2016, the Defendant entered into a sales contract for construction materials (hereinafter “instant contract”) with the Plaintiff having a relation of free trade with SYP to purchase contact and special glass, and its main contents are as follows.
Construction Materials Sales Contract
2. Title of contract: Corresponding and special glass (construction works for the first phase of the radio waveast City).
4. Period of contract: From March 12, 2016 to December 15, 2016;
5. Period of delivery from January 22, 2016 to December 15, 2016 (11 months);
6. Contract amount: Article 20 (Modification of Contracts) of the General Terms and Conditions for Goods Purchase Contracts (excluding Value-Added Tax) of the General Terms and Conditions for Goods Purchase Contracts, which may be applicable to the Fair Transactions in Subcontracting Act, shall expire 90 days after the conclusion of the contract where there is a sudden change in the price or charge of the items included in the contract statement even if the purchaser has not received an adjustment of the contract amount from the ordering person, and the remaining period;