채무부존재확인
1. The main claim of this case and the counterclaim of this case are all dismissed.
2. The costs of lawsuit are assessed against the principal lawsuit.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. On May 201, the Defendant received a contract for the instant construction project from Gangnam-si Construction Co., Ltd. (hereinafter “GS Construction”) for KRW 1,092,190,00 from Gangnam-si and 57 parcels of land (hereinafter “instant construction project”). The Defendant entered into a contract for the alteration of the contract from February 1, 2013 to January 31, 2015, with the construction cost of KRW 1,092,190,00. The construction cost of May 30, 2012 is as follows: (a) the rate of liquidated damages is KRW 1/1,00 of the construction cost per day; and (b) the warranty period is from February 1, 2013 to January 31, 2015.
(hereinafter referred to as the “construction contract” refers to the instant construction contract. (b)
On May 10, 2011, the Defendant subcontracted the entire construction work of this case to the Plaintiff (hereinafter “instant subcontract”) and did not prepare a written contract.
C. Since then, the Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage of this case”) on May 12, 201, under the receipt of No. 43209 on May 12, 201, with respect to the real estate indicated in the attached list A owned by the Plaintiff, the husband of the Plaintiff, as the obligor A, and the obligor A.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 9 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s invalidity of the subcontract fee contract for the Plaintiff (the cause of the Plaintiff’s claim) agreed with the Defendant to pay the subcontract fee to the Defendant at the time of entering into the instant subcontract, and the establishment registration was completed in order to guarantee the payment of the subcontract fee.
However, the instant subcontract is null and void in violation of Article 29(1) of the Framework Act on the Construction Industry, which is a mandatory provision, as a blanket subcontract that the Defendant subcontracted the entire construction project contracted by GS Construction. Thus, the said subcontract fee contract incidental to the instant subcontract is also an incidental contract to a null and void contract, and is null and void or the Civil Code of Korea.