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(영문) 광주지방법원순천지원 2019.09.24 2018가단74720
채무부존재확인
Text

1. The Plaintiff’s liability for damages caused by defects in landscaping tests among the construction works listed in the attached Form to the Defendant.

Reasons

1. Basic facts

A. On December 30, 2013, the Defendant concluded a contract with the Plaintiff for the first construction cost of KRW 1,504,360,00, and the construction period from January 6, 2014 to January 5, 2015. ② On June 19, 2014, the second construction cost of KRW 528,950,00, and the construction period of KRW 1,521,00,00 from June 24, 2014 to January 5, 2015; ③ the construction period of KRW 1,521,00,000,000, and the respective construction cost of KRW 30,00,00 from January 23, 2015 to June 16, 2015 to June 3, 2016, respectively.

(2) The Plaintiff and the Defendant modified the instant construction contract over several occasions, and finally, changed the total construction cost to KRW 4,569,870,880 on June 17, 2016, and the final completion date to June 30, 2016.

B. The Plaintiff, including the completion of each of the instant construction works, completed each of the instant construction works on June 27, 2016, reduced the construction cost to KRW 629,607,00 on June 30, 2016, and entered into a completion settlement agreement with the Defendant to verify the completion of each of the instant construction works, and delivered the number of landscaping trees listed in the attached Form to the Defendant.

C. C. The C.C.’s warranty liability for the instant 3 and 4 projects and the Defendant’s claim for security deposit against the Defendant; ① on December 28, 2015, the security deposit is KRW 69,402,182, and the guarantee period is from December 28, 2015 to December 27, 2017. The C.C.’s warranty liability for the landscaping portion during the instant 3 projects was guaranteed; ② on June 28, 2016, the security deposit is KRW 20,92,151, and the guarantee period is from June 27, 2016 to June 26, 2018.

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