채무부존재확인
1. The term of the removal services contract concluded on September 30, 2009 with respect to the Plaintiff’s Defendant, which entered into with the Gyeyang-gu Incheon.
1. Facts of recognition;
A. On September 30, 2009, the Plaintiff entered into a contract for the instant construction project with the Defendant to determine the contract price of the removal of the building (hereinafter “instant construction project”) subject to KRW 4.5 billion (excluding value-added tax) within the Incheon Gyeyang-gu District A (hereinafter “instant construction project”), the contract period of the construction project is 12 months from the date of the contract (it is possible to change according to the permission) and the payment method of the price is “payment according to 10% of the contract amount and the degree of completion of the contract amount” (hereinafter “instant construction contract”).
The main contents of the instant construction contract are as follows.
Article 3 (Scope of Removal Works)
1.A (referring to the plaintiff; hereinafter the same shall apply) shall, at the same time as this contract is concluded, issue drawings and photographs designating buildings, obstacles, etc. to be removed and shall proceed on the basis thereof and shall:
(1) The construction and underground structures (based on buildings and public facilities, purification tanks, etc.), roads, fences, stone embankments, chimneys, water-purification tanks, etc. shall be included in the execution zone of the project.
(2) Article 16 (Payment of Construction Costs) (1) A shall pay 10% of the total construction cost as down payment to B within 15 days after the contract for removal of buildings and obstacles is concluded.
(2) If a construction supervisor referred to in paragraph (1) has passed an inspection on the completed portion or the completion of construction work, he/she may claim against A for the construction work price according to the warranty rate.
(3) Where A receives a request for a confirmation of completed portion or an inspection of completion from B, he/she shall immediately conduct a verification of completed portion or an inspection of completion and pay the price for construction work at a completed rate, except in extenuating circumstances.
(4) The performance rate of construction works shall be calculated on the basis of the last day of each month, and A shall issue work instructions by sector.