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(영문) 대구지방법원 2017.09.21 2016가단127944
채무부존재확인
Text

1. The contract for a construction project is based on the attached list (1) of the attached Table to the defendant Cho Jong-dong Co., Ltd.

Reasons

1. Facts of recognition;

A. On July 29, 2009, the Plaintiff Co., Ltd. (hereinafter referred to as the Plaintiff Co., Ltd.) entered into a construction contract in the attached Table 1 (hereinafter referred to as the “construction contract in the instant case”) with the Defendant Daesung Co., Ltd. (hereinafter referred to as the Defendant Co., Ltd.) on July 29, 200. The main contents of the contract are the contract amount of 1,424,500,000 of the electric transmission line construction work in the section of 2,200 meters from Hyundai Construction, among D Works awarded by the Defendant Co., Ltd., Ltd., (hereinafter referred to as the “Plaintiff Co., Ltd.”). The contract was concluded by the Plaintiff Co., Ltd. on May 31, 2010 (hereinafter referred to as the “instant construction contract”).

B. On July 29, 2009, the Plaintiff Company entered into a subcontract guarantee contract in the attached Table (2) with the Defendant Electric Constructors’ Mutual Aid Association (hereinafter referred to as the Defendant Mutual Aid Association) on the said construction contract (hereinafter referred to as the “instant guarantee contract”).

The main content was that the Defendant Partnership paid on behalf of the Plaintiff Company the obligation to be borne by the Plaintiff Company due to the Plaintiff Company’s failure to perform its obligation of the said subcontract on July 22, 2009 to May 31, 2010 (the period is changed from January 31, 2013).

C. On April 201, Plaintiff Company suspended the instant construction work.

On June 24, 2011, the Defendant Company demanded the Plaintiff Association to pay the insurance money for performance guarantee in relation to the instant construction works of the Plaintiff Company, and the Plaintiff Company filed a lawsuit against the Defendant Company (Tgu District Court 201Gahap7417) with the Daegu District Court on July 7, 2011, and caused disputes between the Plaintiff Company and the Defendant Company.

On the other hand, on August 3, 201, Defendant Company notified the Plaintiff Company of the termination of the instant construction contract.

As above, the Defendant Union demanded the Plaintiff Company to provide security equivalent to KRW 190,000,000 to the Plaintiff Company, who demanded the payment of insurance money from the Defendant Company.

Therefore, on November 10, 201, Plaintiff C, the representative director of Plaintiff Company, is owned by Plaintiff B.

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