(영문) 서울중앙지방법원 2017.12.07 2016가합518180

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(영문) 서울중앙지방법원 2017.12.07 2016가합518180

채무부존재확인

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1. The part concerning the claim for the confirmation of existence of an obligation among the lawsuits in this case shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. 1) The Defendant was awarded a contract for construction work of Busan Metropolitan City (TTL) for the maintenance and lease of sewage conduits (BTL) from the Busan Metropolitan City Co., Ltd. in 2012, and on June 10, 2014, the part of Busan Sewage culvertBTL2 (TTL3 tools) among the above construction work (hereinafter “instant construction work”).

2) As to the Plaintiff and the subcontractor (hereinafter referred to as “instant subcontract”).

(2) At the time of the conclusion of the instant subcontract, the key contents of the terms and conditions of the instant contract and the terms and conditions contained therein (hereinafter “instant terms and conditions”) are as follows.

A construction subcontract agreement;

4. Period of construction: From June 11, 2014: Contract price on July 22, 2016: 3,856,270,756 won - Supply price: 3,505,700,688 won (labor cost: 808,357,030 won): Value-added tax: 350,570,068 won.

6. Payment of the price;

(b) Method of payment (3) within 60 days from the date of receipt of an object: Cash, bill, or bond, or method of payment replacing bills (other than loan against security of foreign sales claims); and

8. Contract bond: 385,627,075 won;

9. The rate of warranty bond: 3%; 11. The rate of warranty bond: Article 1 (Basic Principles in the Standard Subcontract for Construction Works) of the Contract (0.1%). (3) With respect to other contracts contrary to the terms and conditions of this contract, the provisions of this contract shall be preferentially applied

(Special Conditions) Provided, That this shall not apply to the matters not provided for in this contract under Article 30 (Special Conditions) by a special agreement between the defendant and the plaintiff on an equal footing.

Article 7 (Performance of Contracts and Guarantee for Payment of Contract Price) (1) The defendant and the plaintiff shall mutually guarantee the execution of contracts and the payment of contract price by any of the following methods:

1. The method of guaranteeing the performance of the contract equivalent to 10% of the contract amount to the defendant.

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