채무부존재확인
1. (a) A, B, C, D, E, and F with respect to the Defendant (Counterclaim Plaintiff) of the Plaintiff (Counterclaim Defendant) on July 4, 2016, the contract for the entrustment of repair works.
1. Facts of recognition;
A. The Plaintiffs are the occupants of 105, 106, and 107 Dong-dong U.S. (hereinafter “instant multi-family housing”) in Yongsan-gu, Yongsan-gu. The Defendant is a corporation established with the purpose of “safety diagnosis and defect diagnosis, precise inspection, precise safety diagnosis, defect repair work business, etc.”
B. The Plaintiffs, through the Plaintiff A (105 Dong), M (106 Dong), T (107 Dong) and the owner of the instant multi-family housing, agreed that the Plaintiff and the owner of the instant multi-family housing request the third safety diagnosis institution to investigate the defects. Based on the investigation of the said defects, the Plaintiffs agreed that the owner of the building shall not raise any objection to the repair of defects after receiving the warranty bond from the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”) which is the issuing agency of the defect warranty bond (hereinafter “instant agreement”).
(2) On July 4, 2016 (105 Dong) and July 13, 2016 (106 Dong Dong, 107 Dong Dong) entered into a contract with the Defendant for requesting repair works of the instant multi-family housing.
(A) No. 1, 2, 3, hereinafter referred to as the “instant contract”).
The written contract of this case includes the following contents in the same vice language, and in the case of 105 Dong, the written contract of this case contains the phrase "15% of the amount received as safety diagnosis expenses and 60% of the amount received as construction expenses" in the total column of 106 Dong and 107 Dong, and in the case of 105 Dong, 106 Dong and 107 Dong.
[Plaintiffs are indicated as “A”, and the Defendant is indicated as “B”. (1) A refers to “A” and “B” for the purpose of ordering a warranty bond.
4. Paragraph 4. A shall be paid to B, 40% of the cost of defect repair works shall be the construction contract amount within five days after the receipt of the defect repair bond, 40% shall be the intermediate payment after the progress of at least 50% of the construction work, and 20% shall be the remainder on the completion date of construction.
The total amount of the construction project (Won) shall be separate from the value of the construction project (the amount recognized as a certified company shall be the total cost).