채무부존재확인
1. The obligation of the Plaintiff (Counterclaim Defendant) to the Defendant (Counterclaim Plaintiff) on August 5, 2014 pursuant to the Agreement on August 5, 2014 is 133,94.
The principal lawsuit and counterclaim shall be judged together.
1. Basic facts
A. A around April 2013, after being awarded a contract for the construction of a new C hotel located in Nam-gu Incheon Metropolitan City, Nam-gu, Seoul (hereinafter “Execution Company”). A subcontracted that part of the civil engineering work to the Plaintiff around that time.
B. On April 26, 2013, the Plaintiff entered into a contract with the Defendant to re-subcontract the construction cost of KRW 1.51 billion (including value-added tax; hereinafter the same shall apply) and the construction period from April 29, 2013 to July 31, 2013 (hereinafter “the first contract”).
C. The instant construction was interrupted since July 2013 due to disputes between the Si and A and the failure to pay the construction cost thereafter.
The Plaintiff, from August 2013 to February 2014, while exercising the right of retention at the aforementioned construction site, concluded a subcontract on February 25, 2014 with respect to the said portion of civil engineering works with another contractor construction company. Accordingly, the Defendant resumed the instant construction work around February 2014.
The Plaintiff entered into a modified contract with the Defendant on March 19, 2014 (hereinafter “the first modified contract”) under which the construction cost is increased to KRW 1.6 million and the construction period is extended to May 30, 2014. In other words, on August 5, 2014, the Plaintiff increased the construction cost to KRW 1.6 billion and the construction period is extended to KRW 1.6883 billion on August 15, 2014; however, the expenses that are paid in excess of the last increased construction cost (hereinafter “the second modified contract”) under which the Defendant is liable.
E. The instant construction was completed on August 15, 2014, and the Plaintiff paid KRW 1,549,050,816 to the Defendant as construction price.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 (including additional number; hereinafter the same shall apply), purport of whole pleadings
2. The judgment of this Court
(a) the main office;