채무부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On September 5, 2016, the Plaintiff and the Defendant concluded a construction contract with the content that construction amount shall be KRW 187,00,000,00 of construction amount, and the construction period shall be from September 5, 2016 to March 31, 2017, and the construction contract with the content that payment of 10% contract deposit and 20% advance payment shall be made (hereinafter “instant construction contract”).
B. On September 6, 2016, the Plaintiff entered into a contract for the instant construction contract with Seoul Guarantee Insurance Co., Ltd. (18,700,000 won) and an advance payment (37,400,000 won) with respect to the instant construction contract, respectively, and submitted each of the guaranty insurance policies to the Defendant.
C. On March 14, 2017, the Defendant claimed KRW 56,100,000, including the contract bond of KRW 18,700,000 and the advance payment deposit of KRW 37,400,00, on the ground that the Plaintiff waived the construction work within the instant construction period and the policyholder’s subcontractor incurred wage and payable amount.
[Ground of Recognition] Uncontentious Facts, Gap evidence 1 to 4, Gap evidence 1 to 15, Eul evidence 1 to 15, witness Eul's testimony, the purport of whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff asserted that the Plaintiff’s construction of the instant case was completed on February 4, 2017, and the Plaintiff still remains at a cargo yard business after the instant construction, but this is an incidental work, and thus, the instant construction is completed in fact. Even if there is a claim equivalent to KRW 18,70,00,00 for a contract deposit, there is no amount remaining if the Plaintiff offsets the remainder of construction that the Plaintiff did not receive from the Defendant. Therefore, the Plaintiff’s claim against the Defendant does not exist “a contractual obligation that the Plaintiff would pay to the Defendant if he fails to perform the contract,” and “a obligation that the Plaintiff would return to the Defendant below the maturity of the construction payment that the Plaintiff received from the Defendant.”
B. Judgment 1, 100,000.