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(영문) 서울중앙지방법원 2014.09.18 2013가합26901

채무부존재확인

Text

1. The Plaintiff’s obligation to pay the construction price to the Defendant arising from the real estate stated in the separate sheet shall be KRW 9,858,542,160.

Reasons

1. Basic facts

A. On May 18, 2006, the Plaintiff, along with his wife C, planned to operate a training center and sports facility swimming pool in five lots of land outside Gyeonggi-gun, Gyeonggi-do, and to remove the said building and build a F bathe building, and contracted the construction of the said new construction to the Esael Industry Co., Ltd. (hereinafter “Esael Industry”), but the said contract was terminated due to the failure to pay the construction cost to the Esael industry, and the construction was suspended.

On April 9, 2007, the Plaintiff and C entered into a business agreement with the Defendant on the G new construction work on the land outside D and five parcels of land (hereinafter “instant soup construction work”), and the E-building work on the land outside H and five parcels of land (hereinafter “instant new construction work”), as follows:

(hereinafter referred to as the “instant project agreement”). Article 2 (Opening of the Project”) outlines as follows:

① D, I, J, K, L, M - Site area: 2,97 square meters in size / total floor area: 2,997 square meters in size: 2,380.55 square meters in size: 65.3% in size: 1,380.55 square meters in size: 65.3% in size: New construction of the training center of this case - The above value: H, I, D, L, N, M, M - Site area: 3,45.64 square meters in size: 2,94.91 square meters in size/ total area: 68.06% in size for educational research and welfare facilities (Juvenile Training Center) shall be governed by the authorization, permission, and approval for change from an administrative agency.

Article 3 (Duties) ① Duties of the Plaintiff and C

(a) comply with all kinds of authorization and permission (including modifications), including construction permission, and with the terms and conditions of authorization and permission;

C. The termination of construction contracts and the settlement of disputes between the former and the former Esael industry

E. Conclusion of construction contract with the defendant

F. Business necessary for the progress of this project

A. Execution of this Project

C. The payment of the former contractor Esia industry is unpaid.