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(영문) 서울남부지방법원 2016.05.27 2015가합109691

채무부존재확인

Text

1. The Plaintiff’s obligation to pay KRW 211,440,00 based on the Promissory Notes listed in the separate sheet against the Defendant exists.

Reasons

1. The facts below the basis facts are either in dispute between the parties or in the statements in Gap evidence Nos. 1, 2, 3, 11, 12, 13, Eul evidence Nos. 1 and 2 (including the serial serial number) and the whole purport of the pleadings.

On January 9, 2015, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendant under which the steel framed Corporation (hereinafter “the instant construction”) among the Housing Drille Factory Construction Works (hereinafter “the instant construction”) is awarded a contract for construction cost of KRW 710,610,00 (including value-added tax; hereinafter the same shall apply) and paid the down payment of KRW 210,483,000 as the down payment, and KRW 286,440,000 as the intermediate payment at the time of bringing into the main material, and agreed to pay KRW 21,483,000 as the remainder after approval for use. On January 12, 2015, the Plaintiff paid the Defendant the down payment of KRW 21,483,000,000 as the down payment to the Defendant on May 13, 2015, and issued the respective list of notes in the instant case (hereinafter “the note”).

2. The plaintiff asserted that the bill of this case was issued and delivered for the intermediate payment of the contract of this case, and the defendant did not proceed with the construction pursuant to the contract of this case after the receipt of each of the bill of this case. Thus, the reason for the issuance of each of the bill of this case is extinguished, and there is no obligation to pay the bill of this case.

In regard to this, the defendant issued and delivered each of the bills of this case to pay the price for the steel and other materials that the plaintiff brought into the construction site of this case, and the defendant brought them into the construction site of this case and claimed that the plaintiff's assertion is groundless.

3. According to the above facts, the Plaintiff is obligated to pay the amount of KRW 211,440,00 based on each of the instant notes to the Defendant, except in extenuating circumstances. However, the Plaintiff is obligated to pay the amount of KRW 15, 16, 22, 23, and 23.