beta
(영문) 인천지방법원 2017.10.31 2016가합53462

채무부존재확인

Text

1. The Plaintiff’s obligation against the Defendant based on the construction contract concluded on November 10, 2015 between the Plaintiff and the Defendant.

Reasons

1. Basic facts

A. The Plaintiff is the owner and the contractor of the construction project of the Incheon Metropolitan City Construction Complex Building (hereinafter “instant building”) on the ground of 316-3, Nam-dong, Nam-gu, Incheon Metropolitan City (hereinafter “instant construction”) and the Defendant (the former construction company: the main construction company) is a company that aims at the soil construction business.

B. On November 10, 2015, the Plaintiff between the Plaintiff and the Defendant on the instant subcontract for the instant construction works (hereinafter “instant subcontract construction”) among the instant construction works between the Defendant and the Defendant.

(2) As to the instant subcontract (hereinafter referred to as “instant subcontract”) as follows:

(The terms of the contract)

1. Contract amount: 160 million won (value-added tax: 60%, non-taxation 40%);

2. Purpose construction: Underground ground-breaking construction (30 days from the commencement date of the construction period);

4. The scope of construction: The defendant's expenses shall be borne for equipment, materials, human resources, related safety facilities, incidental expendable materials, etc. necessary for construction related to civil engineering, design drawings and reference (related appurtenant construction works related to related construction materials, etc.).

(Methods of Payment of Construction Price)

1. 60% of the contract amount shall be paid at the time of completion of rearrangement of the floor from the ground-breaking (up to the time when it is possible to replace the concrete);

(1) The amount of money equivalent to the time of bringing in steel, concrete, or agricultural file after commencement shall be paid directly to the supplier; (2) 60% including direct payment; and (3) 40% of the contract amount after completion of the mersh (including restoration to the original state of the adjoining land).

(Specialist Port)

A. As the cost of removing the basic parts of the existing structure in the relevant field and the cost of disposing the existing wastes reflects the construction cost, no separate claim should be made.

(Provided, That if it is different from the existing expected concrete waste, the plaintiff bears the burden on the additional amount excluding the cost of disposal of the existing concrete waste).

Where this contract is cancelled for reasons attributable to the defendant.