채무부존재확인
1. The Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) a claim for KRW 12,882,960 and the claim therefor from November 1, 2018 to January 22, 2021.
1. Facts of recognition;
A. On June 1, 2018, the Plaintiff, who is engaged in the construction business under the trade name of “C”, entered into a construction contract with the Defendant on June 1, 2018, which newly constructs a house (hereinafter “instant house”) on the ground of “180 square meters,” and the construction cost of KRW 34 million (the down payment of KRW 6 million, intermediate payment of KRW 14 million after completion of the basic construction work, and payment of KRW 14 million within seven days after completion of the construction work). After entering into the construction contract with the Defendant, the Plaintiff, verbally, and the Defendant entered into the instant construction contract with the Plaintiff, setting the construction cost of KRW 5,500,000,000,000,000,000,000,000 after completion of the construction work, and entered into the instant additional construction contract with the Corporation (hereinafter “instant construction work”).
According to the instant construction contract, the Defendant paid the Plaintiff the down payment of KRW 6 million on June 2, 2018, the intermediate payment of KRW 14 million on June 7, 2018, and the Plaintiff continued the instant construction work, and the construction was suspended due to the occurrence of civil petitions in the process.
After resolving the above civil petition, around August 2018, the Defendant met the Plaintiff and re-entered the instant construction work. In the process, there is a defect in the pre-existing construction work to the Plaintiff.
In the end, the dispute occurred.
(d)
The Plaintiff did not proceed with the instant construction work any longer.
The Defendant demanded the Plaintiff by mail proving the content of September 5, 2018 to undertake the instant construction work. However, the Plaintiff, by mail proving the content on September 11, 2018, was unable to proceed with the instant construction work on the ground that the Defendant asserted that the instant additional construction was not included in the instant housing site packing work, and that the Defendant was included in the scope of the instant additional construction work, etc.
【Fact-finding without any dispute over recognition”, Gap evidence 1 through 7, Eul evidence 1 through 8, 11, 12, 14 through 16.