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(영문) 창원지방법원 2015.09.24 2014가합6053
채무부존재확인
Text

1. The Plaintiffs’ Gyeongnam Law Firm, Law Firm Gyeongnam, Law Firm 2013, No. 907, October 30, 2013.

Reasons

1. Basic facts

A. On June 28, 2013, the Defendant entered into a subcontract contract between the Defendant and STX Construction Co., Ltd. (hereinafter “STX Construction”) with the cost of construction 2,285,074,292 (i.e., the cost of construction 13BL (hereinafter “instant construction contract”) from the cost of construction 384-2, Changwon-dong, dong-ri, e.g., the cost of construction 384-2 (hereinafter “STX construction”) to the cost of construction 2,285,074,292 (i.e., the cost of construction 13BL (i., the cost of construction 13BL) to the period of construction 502,768,289, Jun. 28, 2013 to December 31, 2014 (hereinafter “instant subcontract”).

B. On October 30, 2013, Plaintiff A entered into a contract between the Plaintiffs and the Defendant under which the part of the instant subcontract amount corresponding to the instant construction work is KRW 2,170,820,577 (i.e., the contract amount of KRW 2,285,074,292) (i.e., KRW 95% of the contract amount of the instant subcontract, KRW 2,285,074,292); the construction period; and the contract between June 28, 2013 and December 31, 2014 to be re-subcontracted (hereinafter “instant re-subcontract”); the main contents are as follows:

(Plaintiff B signed and sealed on the above contract as a guarantor to Plaintiff A). The payment of the price under Article 6 ① When there is an increase or decrease in quantity from STX construction after completion of the construction, the amount shall be settled without a unit price change according to the volume.

2. The agreed amount is the amount finalized by mutual consultation according to the defendant's execution drawings and specifications and the result of sufficient examination of specifications and the unit price determined by the time the participation in construction is completed, and there is no increase in the unit price.

(3) The defendant shall pay the progress payment every month in the same manner as the completed quantity of the STX Construction, and shall pay it within five days from the date of receipt of the completed amount of the STX Construction.

④ By the 25th day of each month, Plaintiff A shall claim payment for completed portion by calculating the quantity of the survey or the performance of the work in the immediately preceding month, and at the time of filing a claim for payment for completed portion, he shall receive the labor cost, equipment cost, food expenses, etc. paid in the immediately preceding month.

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