채무부존재확인
1. The judgment of the court of first instance is modified as follows.
The plaintiff dated June 11, 2015 and August 6, 2015 against the defendant.
Facts of recognition
The Plaintiff is the owner of the instant construction work (hereinafter “the instant construction work”) of the building at six parcels outside the Busan Western District AA Hospital (hereinafter “the instant building”). The Defendant is a contractor of the instant construction work, and the Defendant is a contractor who has been awarded a contract with the Plaintiff for the construction work.
The Defendant Intervenor is a construction business operator who has been awarded a subcontract for part of the instant construction project from the Defendant.
On June 11, 2015, the Plaintiff and the Defendant concluded the instant contract for construction works related to the instant construction works with the fixed period of KRW 3,080,00,000 [including value-added tax, advance payment of KRW 500,000,000, and progress payment of KRW 300,000 (payment of KRW 300,000,000,000 for the second floor Slives of the underground second floor) and the second progress payment (payment of KRW 300,00,00 for the second floor Slives of the underground floor), and KRW 300,00,00 for the third progress payment (payment of watch of the completion of the completion of the construction), and the remainder of KRW 1,680,00,00 for the construction period (within 30 days after completion of the completion inspection] from June 22, 2015 to April 30, 2016].
On August 6, 2015, the Plaintiff and the Defendant concluded a contract under which the instant construction was in progress, including the said contract concluded on June 11, 2015, to change the construction cost to KRW 2,974,070,000 (hereinafter “instant construction cost”) by excluding the fire-fighting portions from the details of the instant construction work, (hereinafter “instant construction contract”).
On November 22, 2016, the Plaintiff applied for approval of the use of the instant building and the termination of the instant construction contract, and completed registration of the preservation of ownership on the instant building on December 5, 2016 after obtaining approval of the use on December 2, 2016.
On December 2, 2016, the Plaintiff notified the termination of the instant construction contract on the grounds of the Defendant’s default.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3, 14, 15, 17, 21, and 22 (including each number; hereinafter the same shall apply)'s entries and arguments.