채무부존재확인
1. The judgment of the first instance, including a principal claim that was changed by this court and a counterclaim claim that was filed by this court.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The reasoning for the court’s explanation as to this part of the underlying facts is as follows, except for the case where part of the facts are dried or deleted or added as follows, since the part of “1. Basic Facts” through “1. Basic Facts” to “1. Basic Facts” is the same as that of the judgment of the first instance, and therefore, they are cited in accordance with the main sentence of Article 420
[Supplementary or deleted parts] Section 2 of Section 4 of the judgment of the court of first instance shall be paid with the "payment" as "the full amount of the completion price under the first contract of this case was paid."
Part 4 of the first instance judgment, "725,440,00" in Part 3 shall be applied "725,445,000".
The following shall be added to the fifth page of the first instance judgment:
5) Meanwhile, on May 12, 2014, the Erbitral Tribunal rendered an arbitral award stating that “Inasmuch as certain types of work (hereinafter “the type of work”) among the design changes claimed by the Defendant is recognized as design modification, the Plaintiff shall pay the Defendant’s claim amount of KRW 401,380,744, which is part of the Defendant’s claim amount of KRW 617,56,381, and damages for delay.”
(hereinafter “instant arbitral award”). Accordingly, on May 23, 2014, the Plaintiff paid all the construction cost of KRW 401,380,744, which ordered the Defendant to pay in the instant arbitral award, and the damages for delay up to that point.
[Attachment 419,00,000 + KRW 419,000 + + KRW 990,007,130] If the judgment of the court of first instance was rendered, the term “the result of the instant 4th construction and the result of the arbitral award” in the following 3th sentence: “E. the progress of the instant 4th construction, and the result of the instant 4th construction, are going to read “e. the progress of the instant 4th construction.” If the judgment of the court of first instance is made, Article 4th through 16th), 4th and 5th shall be deleted.
The following shall be added to the 7th page of the first instance judgment:
【4) The Plaintiff and the Defendant, after the filing of the instant lawsuit, shall be the payment for the work on December 31, 2014, which was the date on which the Plaintiff had paid to the Defendant for the instant 3 and 4 construction works.