logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.05.17 2016가합209010
채무부존재확인
Text

1. The construction contract between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) on October 25, 2016, as indicated in the separate sheet.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On December 29, 2015, the Plaintiffs and the Defendant (formerly: Co., Ltd.) concluded a construction contract (Evidence No. 1; hereinafter “instant construction contract”) with the content that a joint supply and demand organization with the Defendant as the representative company (share ratio of Defendant 40%, Plaintiff A 30%, Plaintiff B 20%, and Plaintiff C 10%) was awarded a contract with the Daegu Local Government Procurement Service for construction work on a F-General Water and Construction Project (hereinafter “instant construction work”) as indicated in the separate sheet from the Daegu Local Government Procurement Service.

B. The Plaintiffs and the Defendant commenced the instant construction work on January 11, 2016. As the Defendant was unable to pay the construction cost to the subcontractor from March 2016 due to business deterioration, etc., part of the subcontractor’s claim against the Defendant was provisionally attached.

C. From August 2016, the Plaintiffs sent to the Defendant a document demanding the payment of the unpaid construction cost and the smooth progress of the construction work with respect to the subcontractor since the Defendant failed to pay the construction cost to the subcontractor.

On August 31, 2016, when the plaintiffs, the personnel in charge of the Public Procurement Service, and the F officer, etc. were present, discussions were held in relation to the payment of the construction price to the subcontractor by the defendant at the meeting of the weekly fairness for the instant construction project. The F officer is deemed unable to perform the instant construction project normally due to the defendant's frequent occurrence of civil petitions arising from the payment of the construction price to the subcontractor. As such, the F officer requested that the instant construction project be carried out smoothly. The officer in charge of the Public Procurement Service requested that the instant construction project be carried out smoothly. If the normal progress of the instant construction project is likely to occur after the occurrence of civil petitions related to the payment of the construction price and the failure to perform the adequate subcontract procedure

arrow