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(영문) 부산지방법원 2018.10.02 2016가단323567
채무부존재확인
Text

1. The obligation to pay the construction cost based on the contract dated May 27, 2015 to the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On May 27, 2015, the Plaintiff engaged in the construction business under the trade name “D” in the Geumcheon-gu Busan Metropolitan Government, the Defendant and the Plaintiff entered into a contract for each of the construction works (hereinafter referred to as “contract”) with respect to the construction works that newly build electric housing (hereinafter referred to as “instant construction works”) on the land outside of E in Gyeyang-si and one parcel (hereinafter referred to as “instant housing”), the construction cost was KRW 150 million, and the construction period was from May 9, 2015 to September 6, 2015.

B. On September 1, 2015, the Defendant drafted a letter of performance stating that “In the event that the construction work is completed by September 21, 2015 and the construction is not completed by the above date, the Plaintiff does not raise any objection to the remainder of the construction work upon requesting another business entity. In the contract, the Plaintiff provided that the steel bars with a thickness of 13 meters and 16 meters are used. In fact, the Defendant was erroneous using the steel bars with a thickness of 10 meters and 13 meters, and even though intending to perform the basic construction work at a height of 10cm above the ground, it was erroneous to recognize the error that the basic construction work was performed by the height of 70cm above the ground.”

C. On November 11, 2015, the Defendant paid the Plaintiff KRW 20 million as the material value at the Defendant’s request on September 2015, 2015.

If the work is not completed by November 18, 2015, the plaintiff does not raise an objection to the whole construction works of the part suspended or not installed by designating another company (six installation, such as the front door, the front door, the boiler installation, the boiler installation, the whole lighting light and outdoor lighting, the toilet change and all accessories for common areas, the toilet change and all accessories for the part for common use, the part of the septic tank, the construction of the septic tank, the underground lag, the underground lag, the repair of the defective parts, etc.), and the defendant does not raise an objection to the whole construction works. The plaintiff shall pay material costs and personnel expenses for the part suspended by the construction works, and shall be subtracted from the construction cost of KRW 150 million.

“The execution and waiver of the construction work” shall be written.

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