(영문) 창원지방법원 2016.03.24 2015가합32875

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(영문) 창원지방법원 2016.03.24 2015가합32875

채무부존재확인

Text

1. On January 30, 2013, Hyundai Steel Co., Ltd., Hyundai Coke Co., Ltd., Ltd., for the Plaintiff’s Defendant, the construction of the Plaintiff’s house-to-house equipment.

Reasons

1. Presumed factual basis

A. On January 30, 2013, the Plaintiff entered into a contract between the Plaintiff and the Defendant with the terms and conditions that the Defendant receive a subcontract (hereinafter referred to as “instant contract”) by setting the construction cost of KRW 495,00,000 (excluding value-added tax) and the construction period from January 30, 2013 to July 31, 2013 (hereinafter referred to as “instant contract”).

The main contents of the contract are as shown in the attached Form (hereinafter referred to as the “instant contract”).

B. (1) The Plaintiff continued the instant construction from February 2013 to February 31, 2013 under the instant contract, but failed to complete the said construction by July 31, 2013, which was the date of completion of the payment period stipulated in the instant contract. (2) As such, when the instant construction was delayed, the Plaintiff and the Defendant drafted a written agreement with the following content on November 4, 2013.

The name of the contract: The two companies “A (the defendant; hereinafter the same shall apply)” and “B (the plaintiff and the plaintiff; hereinafter the same shall apply)” shall agree on the following and shall not raise any objection in the future with respect to the construction of the construction of the 3 integrated production facilities for the 3th period of Hyundai Steel Coke C-O1st (No. 2013-01-03).

1) Recognizing that there has been delay in air due to the shortage of funds in “B” and that there has been a cause for the increase of unnecessary construction costs, and should be actively engaged in carrying out the construction in the future. 2) In order to resolve the shortage of construction funds at present, “B” will not pay the balance of the construction work (10%) to “B”.

4) After this Agreement, “B” shall promptly put the number of persons and complete work by November 15. 5) The completion of work shall include both the removal of rain, the adjustment of the site, and the completion of cleaning work.

6 “B” does not comply with the above-mentioned agreements.

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