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(영문) 서울남부지방법원 2019.04.09 2018가합104406
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 153,010,000 to the Defendant (Counterclaim Plaintiff) and its related amount from October 21, 2016 to May 30, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a corporation that operates cooling and heating facilities, new and renewable energy facilities business, and the Defendant is a corporation that operates new and renewable energy-related business.

B. The Korea Land and Housing Corporation has contracted the construction of the C Project to D Co., Ltd. (hereinafter “D”).

C. D around June 7, 2016, the site site consultations were held to subcontract the instant construction work, and the Defendant attended the said site site consultations, and received the delivery of the site descriptions (including the check special conditions), the detailed statement of geothermal construction works, specifications (equipment, heating construction), the first floor heat, and the virtue ground plans, etc. related to the instant construction work.

On the following day, Defendant E’s employees of the Plaintiff Company sent to the employees of the Plaintiff Company “The scope of construction works is part of machine room pipes, tranchising construction works except for astronomical engineering, and are marked in the non-explication in the material on the specifications, and thus excluded from the estimate because it is a private product, and the product indicated in the non-explication (domestic) should be applied to the external products distributed domestically (including specifications), along with the site site report (including on-site special conditions), the specifications of geothermal construction works, and specifications (construction of machinery and equipment), and requested the estimation of the instant construction works.

The site site descriptions

1. Name of construction: A general-class lodging establishment, ranking establishment, and commander's accommodation;

2. Name of construction type: District heating facility works;

3. Term of contract: The construction period from June 2016 to September 4, 2017: From April 2016 to November 2017 (17 months after the contract).

5. Date and time of site descriptions: The date and time of submitting an estimated tender on June 6, 2016: The bidding method on June 14, 2016: Electronic bidding and the closing time.

6. 11:00 14. 11. 11. 14. 14. 14. 11. 1. the person paying the earth materials and the person paying the earth materials, (1) the subcontractor’s materials and the person paying the principal contractor’s materials are indicated on the terms and conditions of the site site preparation, and if not, on the terms and conditions of the special estimate in the site preparation report and on the construction speciality specifications (the examination of the earth materials).

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