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(영문) 서울중앙지방법원 2017.01.25 2015가합562722
채무부존재확인
Text

1. On March 11, 2014, the main office and parliamentary office buildings of the Plaintiff (Counterclaim Defendant) for the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On March 11, 2014, the Plaintiff entered into each contract with the Plaintiff and the Defendant, and the Defendant, to the Plaintiff, as part of the new construction sites of the main office and the Council building building site of the Gyeongbuk-do (hereinafter “instant construction”).

(i) the contract amount of KRW 181,50,000 (including value-added tax, and the amount other than value-added tax is KRW 165,00,000;

(2) As to the supply period from March 12, 2014 to October 19, 2014 (hereinafter “instant supply contract for the materials”).

A) The Plaintiff entered into a contract for the supply of the instant materials. According to Article 5 of the said contract, the Plaintiff paid the price to the Defendant at the monthly rate, and the estimate attached to the said contract is set at 5% of the cost of each material in addition to the cost of each material. On the other hand, the main contents of the terms of the contract attached to the said contract for the supply of the instant materials are as follows:

(b) Payment period may be changed according to the field demand period of Party A (the plaintiff, hereinafter the same shall apply);

Article 2 (Quantitys or Reductions of Materials) The quantity of materials to be supplied shall be adjusted after the completion of construction.

2) On March 11, 2014, the Plaintiff entered into a contract with the Defendant and the Defendant to provide the Plaintiff with labor management, such as supply and demand of labor workers and the rating management of labor workers (excluding value-added tax) in the contract amount of KRW 185,00,000 (excluding value-added tax), from March 12, 2014 to October 19, 2014, regarding the instant construction work (hereinafter “instant labor management contract”).

The written estimate attached to the above contract is set at 5% of the cost of construction in addition to the cost of each labor, and the major contents of the labor management contract of this case are as follows (hereinafter referred to as the “instant materials supply contract and the instant labor management contract,” collectively referred to as the “each of the instant contracts.”

5. Contract terms: 1) Shall supply and demand of labour workers, the rating management (I.O) for labor workers, and the materials management including two materials and supplementary materials;

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