채무부존재확인
1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).
purport, purport, and.
1. The reasoning of the court’s explanation as to this case is as stated in the reasoning of the judgment of the court of first instance, except for the supplement of the court’s determination as to the Plaintiff’s assertion, and thus, it is decided to accept it pursuant to the main sentence of Article 420 of the Civil
2. Supplement of judgment
A. The Plaintiff’s assertion (1) around April 2012, 2012, prior to the instant subcontract construction contract between the Plaintiff and the Defendant, the former Construction Co., Ltd. (hereinafter “former Construction”) was awarded a subcontract for civil engineering works, water supply and drainage works, and packing works from the Defendant from the Korea Land and Housing Corporation (stage 2).
(2) However, due to the issue of the eligibility for subcontracting for the advanced construction, the Plaintiff was awarded a subcontract for civil engineering works, water supply and drainage works, and packing works from the Defendant on May 21, 2012 (stage 2) from the Defendant on May 21, 2012.
(2) On June 12, 2012, the Plaintiff and the Defendant concluded the instant subcontract construction contract with the effect that the Plaintiff will accept only civil engineering works (stage 2) from the date of concluding the contract on May 21, 2012, retroactively to May 21, 2012. Meanwhile, on June 1, 2012, the Plaintiff received KRW 80,90,000 from the Defendant as advance payment for the instant subcontract and received KRW 58,48,982 from the said advance payment under the Defendant’s direction, and used KRW 58,48,982 from the said advance payment to purchase site water supply and drainage works and packing works (stage 2) as well as to purchase materials, despite the increase in the volume of the instant subcontract under the instant construction contract, the Plaintiff would be settled later according to the Defendant’s direction (stage 30,010,5).