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(영문) 서울중앙지방법원 2015.11.27 2013가합521703

채무부존재확인

Text

1. Of the counterclaim of this case, the part concerning the claim for 63,287,010 won and damages for delay shall be dismissed.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a construction company with the objective of civil engineering work, design and construction business, etc. (1) The Plaintiff is a construction company with the objective of civil engineering work, etc. (2) In Japan for a long time, C, which performed a construction work as a progress method (in the land, an pipe is stored as equipment or human resources and laid underground) established a defendant company for the purpose of civil engineering work, etc. (3) around September 201.

(Registration date of establishment is October 12, 201, and the representative director at the time is D, and C was appointed as the representative director of the defendant company on August 13, 2012). (b)

1) The gold industry Co., Ltd. (hereinafter referred to as the “gold industry”)

) and E.S. Construction Co., Ltd. (hereinafter “S. Construction”).

) The Seoul Metropolitan City B Corporation that has been awarded a contract from Gwangju Metropolitan City (hereinafter referred to as the “Seoul Metropolitan City B Corporation”) shall be Taecheon Construction Co., Ltd. and Taecheon Construction Co., Ltd. (hereinafter

) A subcontract was made to the Plaintiff, and on June 201, the Plaintiff promoted some sections of the said construction from the Taecheon Construction (hereinafter “instant Gwangju Construction”).

(2) The Plaintiff was re-subcontracted. (2) The Plaintiff, among the instant Gwangju Corporation, is a public law that embling the digging machine at the back of the back of the “SPS Y Y Y Y Y Y Y Y Y” in the instant Gwangju Corporation, and that is, by promoting the propelling pipe, is a driving method used to minimize inconvenience such as traffic congestion when installing water supply and drainage systems, gas pipes, etc. in urban areas.

On September 10, 2012, after the establishment of the Defendant Company, an agreement between the construction participant (Evidence A 1) was made with respect to the construction work already completed and the construction work scheduled to be executed, and the construction work scheduled to be executed in the future, etc. among the instant Gwangju Corporation. The main contents of the agreement are as follows: Gwangju Metropolitan City B Corporation (U.S.).

2. Period of construction: By September 30, 2012, the field conditions shall be given.