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(영문) 광주지방법원 2019.04.04 2018가합56621

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 26, 2017, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with the Defendant by setting the construction amount of KRW 2,126,30,00 (including value-added tax) and the construction period from September 26, 2017 to January 8, 2020 with respect to the water supply and drainage works (hereinafter “instant construction works”) among the “2-1 Section,” which the Defendant was awarded a contract with the Korea Land and Housing Corporation, the ordering person.

B. According to the instant subcontract agreement, the Defendant paid the Plaintiff the construction price of KRW 174,347,141 in total, including KRW 100,00,00 on October 25, 2017, KRW 28,697, KRW 141 on December 20, 2017, and KRW 174,347,141 on January 25, 2018.

C. On February 2018, the Plaintiff and the Defendant suspended the instant construction. On March 21, 2018, the Plaintiff and the Defendant drafted a written settlement of accounts (hereinafter “written settlement of accounts in this case”) with the content that (i) the construction period of the instant construction would be changed from September 26, 2017 to February 28, 2018 and (ii) the construction amount would be reduced to KRW 174,347,141 (including value-added tax).

On March 21, 2018, the Plaintiff and the Defendant held a meeting (hereinafter referred to as the “instant meeting”) regarding the measures to deal with the unpaid amount of KRW 246,116,419 (hereinafter referred to as the “paid amount”) totaling KRW 319,457,213 (hereinafter referred to as the “paid amount”) of the amount that the Plaintiff did not pay to the subcontractor, workers, etc. in relation to the instant project, and prepared the following minutes (hereinafter referred to as the “instant meeting minutes”).

회 의 록 제 목 ㈜A 타절에 따른 미불금 처리방안 회의 회의내용 안건: ㈜A 미불금 처리방안 ▷ 전체 미불금: 319,457,213원 (노무비: 20,402,610원, 재료비: 139,719,581원, 장비비: 85,994,300원, 경비: 50,640,722원, 직원급여: 22,700,000원) ① 전체 미불금 중 노무비, 재료비, 장비비의 미지급액(246,116,419원)의 40%를 ㈜B에서 지급한다.

(2) The Development Bank of Korea shall make the total amount of contributions.