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(영문) 수원지방법원 2018.08.17 2018가합12073

채무부존재확인

Text

1. There is no obligation for the construction cost related to the removal of red soil among the incidental civil works of A Corporation against the defendant.

Reasons

1. Basic facts

A. The Plaintiff ordered by the Seoul High Court, but the contract was concluded between the Plaintiff and the Public Procurement Service.

The contractor of the Songpa-gu Seoul Metropolitan Government Ground A Corporation (hereinafter referred to as the "new construction of this case") is the contractor of the new construction of this case.

B. On February 18, 2014, the Plaintiff subcontracted the instant new construction project to D Co., Ltd., a team leader, and upon the suspension of the said new construction project due to the nonperformance of D Co., Ltd., C completed the remainder of the construction project. In the process, an excessively shipped-in land (hereinafter “instant red land”) remains at the construction site.

C. On February 23, 2016, the Plaintiff subcontracted the instant new construction works to the Defendant by setting the construction cost of KRW 428,800,000 (including value-added tax) and the construction period from February 23, 2016 to December 24, 2016.

Since then, on December 23, 2016, the original Defendant entered into a subcontract modification agreement with the effect that the construction cost shall be increased to KRW 458,321,000.

(hereinafter referred to as the “instant subcontract” including the said modified contract. The Defendant completed the incidental civil construction work in accordance with the instant subcontract, and the instant land was entirely removed in the process.

C. On December 14, 2017, after completion of the ancillary civil works mentioned in paragraph (1), a settlement agreement was reached between the Plaintiff and the Defendant regarding the instant subcontract (hereinafter “instant settlement agreement”) as follows.

Settlement Agreements

1. Construction name: Incidental civil engineering works among A works;

2. Field location: Songpa-gu Seoul Metropolitan Government B (E).

3. Construction period;

(a) Original period: February 23, 2016 to December 24, 2016;

(b) Period of change: February 23, 2016 to March 15, 2017;

4. Original amount: 458,321,000 won (including purchase tax and taxation tax amount VAT);

5.Settlement Amount: 471,268,000 won (including purchase tax and taxation tax amounts) (including all national cases, national pension contributions, long-term care insurance premium for the elderly, and retirement pension installment) shall be included in the above construction.