채무부존재확인
1. The judgment of the first instance is modified as follows.
A. On September 15, 2014, between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff)
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Scope of the judgment of this court;
A. On September 15, 2014, the Plaintiff did not have the obligation to pay the construction cost under the standard subcontract and the modified contract between the Plaintiff and the Defendant.
“The Plaintiff asserted to the effect that this case’s principal claim was filed. The Defendant bears the Defendant’s obligation to pay the remaining construction cost of KRW 125,145,00 for the remainder of KRW 125,145,00 based on the said subcontract and the modified contract, and bears the obligation to pay the additional construction cost of KRW 737,083,40 for the said subcontract and the modified contract.
“The Plaintiff asserted to the effect that the counterclaim was filed against the Plaintiff.”
B. The judgment of the court of first instance, in addition to partially accepting the part of the claim for additional construction cost among the counterclaims in this case, does not have the Plaintiff’s remaining obligation to pay the construction cost of KRW 125,145,00 to the Defendant.
“The Court determined to the effect that “...”
(c)
As to this, the Plaintiff filed an appeal regarding “the part for which the claim for additional construction cost was partially accepted” among the counterclaims in this case, and the Defendant did not dispute the remaining part of the claim for additional construction cost amounting to KRW 125,145,00 not to recognize the judgment of the court of first instance, and only dispute over the part of the claim for additional construction cost.
“The Plaintiff asserted to the purport, and filed an incidental appeal against the Plaintiff, see the Plaintiff’s written application for change of the purport of the appeal on November 16, 2020.
(d)
Therefore, among the plaintiff's principal claim and the defendant's counterclaim claim, the remaining part of the claim for construction price of KRW 125,145,00 against the defendant's plaintiff is excluded from the scope of the judgment of this court. The scope of the judgment of this court is limited to the plaintiff's principal claim and the defendant's counterclaim claim, which are the part of the defendant'
2. Basic facts
A. 1) A Co., Ltd. (hereinafter “A”) is a building F from the Incheon International Airport Corporation.