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(영문) 대구지방법원영덕지원 2020.06.11 2019가합10219

채무부존재확인

Text

1. On September 13, 2018, between the Plaintiffs and the Defendants, the Plaintiffs under the standard contract for private construction works.

Reasons

1. Facts of recognition;

A. On September 13, 2018, the Defendants received a contract with the Plaintiffs on the two new construction works for multi-family houses (hereinafter “instant construction works”) from the Plaintiffs, namely, the construction cost: KRW 1.35 billion; and the construction period: From October 1, 2018 to March 31, 2019; and received a contract with the Plaintiffs.

(hereinafter “instant contract”). (b)

On January 8, 2019, the Defendants agreed with the Plaintiffs to change the construction cost of the instant contract into KRW 1.195 billion, except for the creative and miscellaneous construction work during the instant construction work.

C. From September 13, 2018 to April 23, 2019, the Plaintiffs paid a total of KRW 918,200,000,000,000 as stated in the payment details of the construction cost from September 13, 2018 to April 23, 2019 by means of direct payment to the Defendants directly or directly paying to the construction business operators who subcontracted the instant construction work from the Defendants.

The Plaintiffs urged the Defendants to complete the instant construction works on April 9, 2019 and April 19, 2019, and notified the Defendants that the instant construction works will be completed by May 4, 2019.

E. After May 15, 2019, the Plaintiffs contracted directly to construction business operators for each type of construction work of the instant construction work, and between May 16, 2019 and September 9, 2019, the Plaintiffs paid KRW 19,5280,000,00 to the said construction business operator, as stated in the payment of construction cost, from May 16, 2019 to September 9, 2019.

F. On October 24, 2019, Plaintiff A deposited KRW 40,760,000 of the construction price in the instant case (Seoul District Court Branch Branching District Court Decision 1159, 2019), and Plaintiff B paid KRW 40,760,000 out of the construction price in the instant case to G who obtained direct consent from the Defendants on October 31, 2019.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 26 (including each number in the case of additional number), the purport of whole pleadings

2. According to the above facts of recognition, the Plaintiffs are subject to the instant contract with the Defendants.