채무부존재확인 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts under the basis of facts do not conflict between the parties, or may be acknowledged by comprehensively taking into account the overall purport of the arguments in Gap evidence Nos. 1, 2, 5, 6, 7 and Eul evidence Nos. 2, 3, and 4 (including the number of pages).
The Plaintiff and the Defendant’s construction contract 1) On September 12, 2018, the Plaintiff and the Defendant’s construction contract between the Defendant and C (hereinafter “instant structure construction”).
(2) The contract under which the contract was made (including additional tax), setting the price of KRW 418,00,000 (including additional tax) and the period from September 7, 2018 to November 15, 2018 (hereinafter “instant contract”).
(2) The instant contract entered into a contract: (a) KRW 220,000,00 as an advance payment; and (b) KRW 110,00,00 as an intermediate payment; and (c) KRW 88,00,000 as an intermediate payment, as an intermediate payment, was agreed to pay the remainder of KRW 88,00,000 after the completion of construction of the instant structure.
3) Meanwhile, according to the instant contract, the Plaintiff is the insured regarding D Co., Ltd. and the instant structure construction works on September 12, 2018, as the Defendant, and the contract performance guarantee contract under which the purchase amount of insurance is KRW 41,800,000 (hereinafter “instant contract performance guarantee contract”).
(B) A contract for the performance guarantee of advance payment (hereinafter referred to as “instant advance payment performance guarantee contract”) with the purchase amount of the insurance on the same day as KRW 220,000,000.
(B) Around October 9, 2018, the Plaintiff demanded an increase in the construction cost by asserting that the sn beam steel volume for the construction of the instant structure was added to 38.38 tons, which was anticipated to have been 200 tons, and the Defendant, following consultation with the Plaintiff around October 30, 2018, increased the price under the instant contract to KRW 467,50,000, which was added to KRW 49,500,000, and the construction period was extended to November 30, 2018.
2. The Defendant shall consult with the Plaintiff on the instant contract and the increase in the construction cost.