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(영문) 서울중앙지방법원 2017.06.28 2015가합506487

채무부존재확인

Text

1. The Defendant (Counterclaim Defendant)’s obligation on July 31, 2014, based on the amendment agreement on the outsourcing construction contract.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 1, 2014, the Plaintiff, the principal contractor of Samsung Engineering Co., Ltd., ordered the Defendant to set the construction period from March 1, 2014 to July 31, 2014 as the construction period of KRW 1,187,00,00 (excluding value-added tax) among the AD New Construction Works supplied by Samsung Engineering Co., Ltd. (hereinafter “instant construction Works”). On July 31, 2014, the Plaintiff changed the construction period from April 1, 2013 to August 31, 2014 to KRW 1,527,00,000 (value-added tax separately).

(hereinafter referred to as “instant construction contract,” including the terms and conditions of the contract amendment agreement dated July 31, 2014.

When concluding the instant construction contract, the Plaintiff and the Defendant deposited advance payment for the payment method of the price within 15 days after concluding the contract, and paid the completed payment once a month, but the Plaintiff, the contractor, was directly paid to the field workers.

C. On April 30, 2014, the Defendant filed a claim with the Plaintiff for a total of KRW 102,700,000 (one hundred and twenty-one thousand and five hundred-one thousand-one and five hundred-one and five-one and five-one and five-one and half-one and half-one and one-one and half-one and half-one and half-one and half-one and half-one and half-one and four-one and half-one and half-one and four-one and half-one and half-one and four-one and half-one and half-one and half-one and half-one and half-one and half-one and half-one and half-one and half-one and half-one and half-one and half-one and one-one and half-one and half-one and half-one and half-one and one and half-one and half-one and one and half-one and half-one and half-one and half-one and half-one and half-one and half-one and half-one and half-one and half-one and half-one and half-one and half-one and one and half-one and half-one and one and one and more.

(Additional value-added tax; hereinafter the same shall apply).

On the other hand, the Plaintiff’s wage of 78,407,50 won for the field workers of the instant construction project as wages and formula, and 106,05,000 won for food 5,376,00 won for food 5,376,00 won for April 2014, and the wage of 156,145,00 won for food 7,440,00 won for food 7,40,000 for May 2014, and 223,092,50 won for monthly wage of 203,092,50 won for June 2014, and the monthly wage of 298,860,000 won for July 20, 2014.