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(영문) 광주지방법원 순천지원 2018.02.21 2017가합187

채무부존재확인

Text

1. The Plaintiff’s Defendant based on the standard contract for private construction works concluded between the Plaintiff and the Defendant on January 23, 2017.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, entry of evidence Nos. 1, 2, and 3, result of appraiser C’s appraisal, purport of all pleadings);

A. On January 23, 2017, the Plaintiff entered into a contract with the Defendant for the construction of expanding parking lots and neighborhood living facilities (hereinafter “instant construction”) on the land of Net City D, as follows (hereinafter “instant contract”). The Plaintiff paid KRW 40 million in advance.

A contractor (hereinafter referred to as "A") and a contractor (hereinafter referred to as "B") shall cooperate with each other on an equal footing and faithfully perform the contract in accordance with the good faith.

[Contents of Construction]

1. Name of the construction: D parking lot in the net thousand City and construction works for extension of living facilities;

3. Period of construction: 105,000,000 won for the period of construction on April 30, 2017, when January 23, 2017:

5. Prepaid money: Article 17 40,000,000 won (sum salary);

2. B may demand the amount of progress payment calculated on the basis of the unit price of the result of the inspection under paragraph (1) and the detailed statement of construction price under Article 5, and A shall pay as specified in the contract;

§ 21. [Defect security]

3. In case where Eul is requested to repair the defects under paragraph (2) from Gap and fails to comply with it, Gap may directly repair the defects at his own expense.

The expenses incurred in this case shall be preferentially appropriated from the defect repair deposit, and where there is any shortage, it may be requested to the B.

Article 22 (Cancellation, etc. of Contracts A)

1. A person who falls under any of the following subparagraphs may cancel or terminate a contract in whole or in part:

2) Article 24 (Compensation, etc. for Damages) Other light-re-24 (Compensation, etc.) where it is deemed that the purpose of the contract cannot be achieved due to the breach of the contractual terms of Section B, if it is apparent that there is no possibility for the completion of construction within the completion date due to

1. If a contract under Articles 22 and 23 has been terminated, the amount of the construction work completed shall, without delay, be liquidated between A and B; and