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(영문) 광주지방법원 2018.04.19 2016가합60930
채무부존재확인 및 공사대금
Text

1. From August 23, 2017 to April 19, 2018, the Plaintiff (Counterclaim Defendant) paid KRW 484,621,90 to the Defendant (Counterclaim Plaintiff) and its amount.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company running a soil construction business, reinforced concrete construction business, etc., and both Defendant limited liability company B, C, and D (hereinafter in the name of the Defendants, “limited liability company,” and “stock company” are omitted) are companies engaging in civil engineering work, construction work business, etc.

B. The Defendants are classified into: (i) the joint contractors for construction of a joint contractors with which Defendant B is the representative company: (ii) the joint contractors with which the members of the joint contractors jointly perform the entire construction by contributing funds, personnel, description, etc. in accordance with the prior investment ratio set by the members of the joint contractors; and (iii) the joint contractors jointly perform the construction by setting the ratio of profit sharing and loss sharing; and (ii) the joint contractors jointly assume the responsibility for construction with the subcontractor; and

B Composition (the share ratio is 50%, Defendant C: 30%, Defendant D: 20%), and the F Office of the Korea Industrial Complex (hereinafter referred to as “project owner”) on October 2, 2015, the construction cost of constructing a H training institute on G ground was determined and contracted from October 8, 2015 to November 30, 2016.

(hereinafter referred to as the “original Contract”). C.

On June 28, 2016, the Defendants entered into a contract with the Plaintiff on the part of reinforced concrete construction (hereinafter “instant subcontracted construction”) among the instant prime contract construction works, with the amount of construction ① KRW 1,133,737,00, ② the construction period from June 28, 2016 to November 30, 2016; ③ the rate of liquidated damages for delay was 0.1% of the contract amount per day, respectively.

(hereinafter “instant contract”). D.

On October 30, 2016, the Plaintiff discontinued the subcontracted construction of this case. At that time, the Plaintiff was found to have been dismissed at the construction site.

E. On November 1, 2016, the Plaintiff’s non- cooperation by the Defendants, such as Defendant C’s failure to pay advance payment, and Plaintiff’s financial ability.

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