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(영문) 인천지방법원부천지원 2015.10.28 2014가합8645
채무부존재확인
Text

1. The time limit for the contract for construction works and civil engineering works entered into between the Plaintiff and the Defendant.

Reasons

1. Basic facts

A. 1) On November 9, 201, the Plaintiff entered into a contract for construction works with the Defendant, as well as civil engineering works following the construction of a separate library for C Schools (hereinafter “instant civil engineering works”).

contract amount of KRW 588,500,000 (including value-added tax; hereinafter the same shall apply)

(2) The Defendant entered into a contract for construction works with a fixed construction period of 10 days from November 9, 201 to November 9, 201 (hereinafter “instant contract for construction works”).

(2) On May 25, 2012, the Plaintiff entered into a contract with the Defendant for construction works with the content that the contract amount is KRW 3,400,000,000, and the construction period is set from May 25, 2012 to November 30, 2012, the Plaintiff entered into a contract for construction works with the Defendant to give the contract. After that, the contract was extended from May 25, 2012 to August 10, 2013 and the contract amount is increased to KRW 3,678,709,69,690.

(hereinafter “instant building construction contract”). B.

On October 10, 2012, the Defendant notified the Plaintiff that the Defendant changed the Defendant’s on-site agent into D.

C. On April 10, 2013, the Defendant agreed to provide a mutual-aid agreement on the construction expenses with the Plaintiff on April 10, 2013, to submit evidentiary documents regarding the execution of expenses for mutual-aid installments for retirement, health insurance premiums, long-term care insurance premiums for the aged, pension premiums, construction subcontract payment guarantee fees, and occupational health and safety management expenses, etc. by April 13, 2013, and the Plaintiff agreed to deduct the relevant expenses for which evidentiary documents have not been submitted from the construction expenses to the Defendant.

(hereinafter “instant mutual aid agreement”) D.

The Plaintiff entered into a settlement agreement on construction cost settlement for the instant building construction works with the Defendant on June 13, 2013, and with respect to the instant building construction works, the remainder of construction works as of June 13, 2013 are 89,557.

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