logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.11.10 2015가합100024
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) is KRW 22,384,00 to the Defendant (Counterclaim Plaintiff) and KRW 15,50,000 to the Defendant (Counterclaim Plaintiff).

Reasons

1. The premise is the combination of the principal lawsuit and counterclaims;

A. On July 30, 2012, the date of commencement: “The date of completion: 183,00,000 won: The contract amount on July 30, 2012: the date of completion of the construction of the instant building (hereinafter “instant construction”) being awarded a contract by Defendant H for the construction of the instant building (hereinafter “instant construction”): The Plaintiff agreed to later discuss the temporary installation, land structure, reinforced concrete, machinery and equipment, and the timing and method of completion of the instant construction: by April 7, 2012, advance payment of KRW 20 million by April 7, 2012; the payment of KRW 30,000,000 at the completion of the floor of the instant floor; the payment of KRW 50,000,000 at the completion of the instant floor; and the payment of KRW 50,000 after the completion of the framework; and the additional construction process later.

B. Defendant H received a total of KRW 180 million from April 5, 2012 to August 31, 2012 under the instant contract price from the Plaintiff.

C. As to the instant building, Defendant B completed the interior and exterior walls construction of the building; Defendant C completed the building-to-land construction work; Defendant C’s interior and exterior walls construction; Defendant D’s construction; Defendant E’s construction; Defendant E’s stairs and floor stone construction; Defendant F’s construction; Defendant F’s installation of a building’s windows; and Defendant G’s installation of glass (hereinafter “sto-land construction”) before September 11, 2012.

On September 11, 2012, Defendant H drafted a receipt to the effect that “the Plaintiff received KRW 180 million from Defendant H as the price for the construction of the instant building,” “the Plaintiff received KRW 100,000 from Defendant H as the price for the construction of the instant building,” (hereinafter “the instant receipt”).

In addition, the Plaintiff deals with Defendant H with all processes other than the existing construction works, on September 11, 2012, in the instant contract form.

arrow