채무부존재확인
1. The Defendant-Counterclaim Plaintiff’s appeal and the Defendant-Counterclaim Claim filed in the trial are dismissed, respectively.
2...
1. The reasons for the court's explanation on this part of the claim are as follows: the "total price" of the first instance court No. 5, No. 12 shall be dismissed as "construction price"; the 7th to 13th, the 7th to 10th, and the 10th to 11th, the 10th 7th Ha and 10th Ha and the 10th Ha and the 10th Ha and the 10th Ha and the 10th Ha and the following [Attachment] are the same as the corresponding part of the judgment of the first instance.
[Attachment]
(a) The part of the 6th instance judgment, the 6th half to the 7th half of the 7th half of the 6th instance judgment, shall be followed as follows:
“The Plaintiff recognizes that the Defendant or E has received a refund of KRW 23,469,650,00 from the Defendant or E out of the construction price already paid for the main warehouse construction of this case. Of the construction price for the main warehouse construction of this case, at least the portion of the said construction price returned after the fact shall be deemed as the construction price not yet paid. Accordingly, the Plaintiff is liable to pay the Defendant the unpaid construction price and the delay damages therefrom.”
(b) Parts 6 to 14 of the first instance judgment shall be completed in accordance with the following subparagraphs.
On December 16, 2014, “E has received 190,000,00 won, which is one of the total construction cost of 3.8,000 won, on three occasions, the Plaintiff prepared a certificate of receipt of construction cost to the effect that “E will receive the remaining construction cost of 1.9,000,000 won,” and the Defendant also prepared a written confirmation of completion of construction cost to the Plaintiff on December 29, 2014, with the same purport as the certificate of receipt of construction cost as the above payment. According to the respective statements and arguments stated in subparagraphs 8 and 13, according to the purport of each of the evidence and the whole arguments, the agreement prepared by the creditors who have material cost claims or subcontract payment claims against the Defendant with respect to the main and attached construction of the instant warehouse in question against the Defendant (Evidence 8,000,000,0000 won).