채무부존재확인
1. The location of Gangseo-gu Seoul Metropolitan Government C, which was concluded on February 17, 2015 and September 11, 2015 between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).
The principal lawsuit and counterclaim shall be judged together.
1. Basic facts
A. On February 17, 2015, the Plaintiff entered into a contract (the first construction contract) with the Defendant, setting the construction cost of KRW 480,000,000, and the construction period of the new construction of multi-household housing located in Gangseo-gu Seoul Metropolitan Government as approximately five months from the date of removal on February 17, 2015.
B. On August 25, 2015, the Defendant started construction and completed the completion inspection of a building on August 25, 2015, but the Plaintiff and the Defendant agreed on September 11, 2015 to reduce the size of the expanded construction works under an existing contract and reduce the construction cost to KRW 463,00,000, and the Defendant concluded that the remainder of the construction works will be completed until October 31, 2015 (the second construction contract).
C. The Plaintiff paid KRW 350,00,000 prior to the second construction contract, and paid KRW 70,000 after the second construction contract, but on November 5, 2015, the Plaintiff expressed his/her intent to cancel the construction contract on the grounds that the Defendant did not perform extended construction works and non-construction parts, and did not pay the remainder of KRW 43,00,000,000, which was agreed to be paid at the time of the last completion of the construction contract at the time of the second construction contract.
【Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 4, and 6 (including virtual number), the purport of the whole pleadings
2. The parties' assertion
A. On October 31, 2015, the date when the contract for construction is completed under the agreement, the Plaintiff, the cause of the Plaintiff’s principal claim, was rescinded the construction contract on November 5, 2015, when the Defendant left the construction site without completing the construction work.
As the Defendant did not complete various parts of the construction work including the extended construction work according to the original construction contract, the construction cost payable exceeds KRW 43,000,000 if there exists a significant portion of the construction work and the defect and the calculation of the construction cost is made.
In addition, at the time of the instant contract, the Defendant, the contractor, agreed to pay for the loan interest of the bank.