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(영문) 인천지방법원 2018.06.22 2017가합53964
채무부존재확인등
Text

1. The Plaintiff (Counterclaim Defendant)’s obligation based on the construction contract as set out in attached Form 1 against Defendant B Co., Ltd.

Reasons

1. The primary facts and counterclaims shall also be deemed to exist.

A. On January 9, 2016, the Plaintiff, as the owner of the real estate listed in attached Table 2 (hereinafter “instant land”), concluded a construction contract with Defendant C Co., Ltd. (hereinafter “C”) by setting the business facilities and apartment houses on the instant land as the construction cost of KRW 1,760,000 (including value-added tax) and the construction period of KRW 1,760,000 (including value-added tax) and the construction period from February 15, 2016 to August 30, 2016.

B. The Plaintiff changed the Si Construction Work from Defendant C to Defendant B Co., Ltd. (hereinafter “B”); the construction cost between Defendant B and Defendant B was the same as the contract for construction work as KRW 1,760,000,000 (including value-added tax) on January 9, 2016; and the construction period was the period from March 24, 2016 to September 30, 2016, respectively, and entered into a contract for construction work as indicated in attached Table 1 (hereinafter “instant construction work”).

(c) Defendant D was the site manager of the instant construction site under Defendant C, and Defendant E was the former part of Defendant B’s duties. [The Plaintiff and Defendant B, who were the grounds for recognition, did not dispute between the Plaintiff and the remainder of the Defendants, and the purport of the entire pleadings and arguments, respectively.

2. Determination as to the Plaintiff’s claim against Defendant B among the Plaintiff’s principal lawsuit

A. Claim No. 1) Claim No. 1) Claim No. 120,132,170 won due to the contract for construction works entered into between the Plaintiff and the Defendant B was fully repaid, and Claim No. 2) Claim No. 1 of the instant land owned by the Plaintiff as to the part described in Paragraph 2 of the Disposition No. 2

(b) Judgment on deeming confessions (Article 208 (3) 2 and Article 150 (3) and (1) of the Civil Procedure Act);

3. Determination as to a request for extradition against Defendant C, D, and E among the Plaintiff’s principal lawsuit

A. We examine the facts that the Plaintiff is the owner of the instant land, as seen earlier, and according to the respective entries and images of evidence Nos. 5 and 6 as well as the purport of the entire pleadings, Defendant D’s objection.

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