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(영문) 서울고등법원 2016.09.30 2015나2049178

채무부존재확인

Text

1.The judgment of the first instance shall be modified as follows:

On January 2014, the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. Each lighting fixtures subcontract construction work 1) The Plaintiff around November 2013 (hereinafter referred to as “luminous construction”) shall be deemed to be a large-scale mining company around 2013.

(2) On November 12, 2013, the Plaintiff entered into a subcontract with the Defendant on November 12, 2013, the terms and conditions that the Plaintiff subcontracted the construction of lighting fixtures (hereinafter referred to as “B apartment construction”) to the Defendant for KRW 39,000,000 (including value-added tax) during the construction site for the construction site for Gwangju Northern apartment (hereinafter referred to as “B apartment construction site”).

Article 10 of the above subcontract agreement states as payment terms 20% at the completion of the Ghana-gu's work, 30% at the completion of the body body, 40% at the completion of the body string, and 10% at the completion of the occupancy (A/S completion).

3) On December 13, 2013, the Plaintiff is the Seo Sea Comprehensive Construction Co., Ltd. (hereinafter “Seo Sea Comprehensive Construction”)

B) Between the Plaintiff and the Plaintiff, the Seohae General Construction entered into a contract with the Plaintiff for the manufacture, supply, and installation of lighting equipment at the site of the construction site of the construction site of the construction site of the construction site of the construction site of the apartment of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the specifications of the construction site of the construction site of KRW 1,770,00 (including value added tax). The special specifications attached to the said contract include “A apartment construction” of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of each household of the Plaintiff (including the construction site of the construction site of the construction site of each case of the construction site of the construction site of the construction site of the construction site of the construction site of the construction site.

Article 10 of the above subcontract shall apply.