채무부존재확인
1. The plaintiff's appeal and the claims added by this court are all dismissed.
2. The costs of the lawsuit after the appeal are filed.
1. Facts of recognition;
A. On October 1, 2013, the Plaintiff entered into a subcontract (hereinafter referred to as the “instant subcontract”) with a company Nam-si Noncommissioned Officer and waiting room installation works ordered by the National Armed Forces Finance Management Agency (hereinafter “instant accommodation installation works”). The Plaintiff entered into a contract with the Plaintiff to accept the instant subcontract (hereinafter referred to as the “instant subcontract”) by setting the construction cost of KRW 338,80,000, and the construction period of KRW 17, 2013 from October 1, 2013 to July 17, 2015 (i.e., the contract performance guarantee amount of KRW 33,880,000.
On the other hand, the provisions relating to this case among the terms and conditions of a subcontract for construction works which constitute the contents of the instant subcontract are as follows.
Article 4 (Adjustment with Related Construction Works) (1) of the terms and conditions of the subcontract for construction works (hereinafter referred to as the "contractor and the plaintiff) (1) If it is necessary to adjust with the construction related to the construction works (hereinafter referred to as the "related construction") in order to facilitate the contracted construction works, he/she may change the construction period, construction contents, contract amount, etc. of this construction after consultation with the subcontractor and the plaintiff
(2) B shall closely communicate with the constructor of the relevant construction work and cooperate in the smooth completion of the contracted construction work.
Article 25 (Cancellation and Termination of Contracts) (1) In cases falling under any of the following subparagraphs, A or B may cancel or terminate all or part of the relevant contract when the contract is not performed within the said period after demanding the performance of the contract in writing, fixing a reasonable period:
1. Where it is deemed that A or B cannot achieve the purpose of the contract in violation of the terms and conditions of the contract;
3. Where it is impossible for A to complete a construction work due to its violation without any justifiable reason, without performing the contract contents;
B. The Plaintiff is between Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”) to pay the contract performance guarantee stipulated in the instant subcontract.