채무부존재확인
1. Of the principal suit of this case, the part of the claim for confirmation exceeding the amount specified in Paragraph 3 below shall be dismissed.
2...
1. The primary facts and counterclaims shall also be deemed to exist.
가. 이 사건 각 하도급계약의 체결 1) 원고는 2010. 8. 1. 피고와 사이에 별지 계약목록 기재와 같은 각 하도급계약을 체결하였는데, 그 주요 내용은 다음과 같다. ◎ 계약서(기본
6. Payment of the price;
(b) A completed amount: Matters stipulated under a special agreement of Article 31 of the main sentence of a construction subcontract agreement shall be governed by 21. (Payments).
(c) Adjustment of the price and payment following design change, etc.: The adjustment of the price and the payment of the price for the adjustment of the contract amount, such as design change, shall be governed by the special agreement as stipulated in Article 31 of the main sentence of the subcontract agreement of the construction works;
◎ 계약서(본문) 제1조(기본원칙)
2. The Defendant and the Plaintiff shall comply with the provisions of the Framework Act on the Construction Industry, the Fair Transactions in Subcontracting Act, and relevant Acts and subordinate statutes in executing this construction and performing this contract.
(Provided, however, the contents specified in the terms of the subcontract agreement under Article 31 which the defendant and the plaintiff agreed shall take precedence over the relevant Acts and subordinate statutes, and the special terms and conditions of Article 31 shall take precedence over the main text of the contract). Article 20 (Payment of Price) stipulates that each of the subcontract agreements of this case under Article 31-21 of the special terms and conditions of the subcontract agreement between the defendant and the plaintiff are 20
(Payment) The payment shall be made.
Article 25 (Cancellation and Termination of Contracts) Special Conditions of Article 31, Terms and Conditions of Agreement concluded between the Defendant and the Plaintiff, shall apply.
Article 31 (Conditions of Special Agreement) The defendant and the plaintiff may agree on the special agreement terms and conditions, which shall be determined by the agreement between the defendant and the plaintiff on an equal footing, shall take precedence over the main sentence of the subcontract agreement, and the special agreement conditions shall take precedence in the case of a difference between the main sentence of the contract and the terms and conditions of the special agreement, and the defendant and
◎ 본문 제31조 특약사항 15.(계약의 해제 및 해지) 1 . 피고는 원고가 아래 각 호의 사항에...