채무부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 21, 2015, the Plaintiff entered into a subcontract with the Defendant for the construction of reinforced concrete (hereinafter “instant construction”) during the construction period of KRW 1.69 billion (including value-added tax) and from September 21, 2015 to April 30, 2016.
At the time, the performance guarantee bond for the instant construction was set at KRW 169,40,000,000,000 for the subcontract price. The Plaintiff agreed to pay the performance guarantee bond issued by the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) in lieu of the payment of the performance guarantee bond. In the event the said subcontract is terminated later, the full amount of the performance guarantee bond for the instant construction is to
(Article 32) According to the above subcontract, the Plaintiff received the performance guarantee insurance policy of KRW 169,400,000 from the Seoul Guarantee Insurance Co., Ltd., and submitted it to the Defendant and continued the instant construction.
B. The Plaintiff, among the instant construction works, agreed to complete the construction of concrete building works on December 31, 2015, but delayed construction works on February 17, 2016, including completing the construction works. Accordingly, the entire schedule of the said newly constructed construction works was considerably delayed.
In addition, as the Plaintiff delays the payment of the construction price to its subcontractors from time to time, there frequently occurred the situation where the subcontractors were refusing to perform the instant construction work, and upon the Plaintiff’s request to the Defendant for a direct payment of the construction price to the subcontractors, the Defendant drafted a direct payment agreement on KRW 35,443,320 for three enterprises, including the Plaintiff, D, E, and F, around April 5, 2016, and paid the Defendant a direct payment agreement on KRW 35,443,320.
C. On April 7, 2016, the Plaintiff delayed the payment of wages to those who work in the molding field.