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(영문) 서울북부지방법원 2015.11.27 2014가단24706
채무부존재확인
Text

1. On June 24, 2013, pursuant to the Notice of Other Miscellaneous Import as of June 24, 2013 against the Defendant of the Plaintiff Hohyeong Construction Industry Co., Ltd. 18,732.

Reasons

1. Basic facts

A. The conclusion of each contract between the plaintiffs and the defendant and the payment of the price for the work by the defendant 1) The plaintiff Mung Construction Industry Co., Ltd. (hereinafter referred to as the " Mung Construction Industry").

On February 23, 2010, between the Defendant and the Defendant, the contract amount of KRW 478,586,90 for the maintenance of road facilities (annual unit price) in 2010 was changed to KRW 503,306,00 on the ground of the difference between the design and the on-site conditions.

(1) The contract was concluded (hereinafter referred to as the “instant First Contract”) including the modified terms and conditions.

(2) On February 3, 2009, the above Plaintiff completed the said construction on or around February 25, 201, and received KRW 503,306,00 from the Defendant. (2) On February 3, 2009, Plaintiff MStech Construction Co., Ltd. (hereinafter “MStech Construction”) concluded a contract agreement between the Defendant and the Defendant for construction of road facilities (the annual unit price) at KRW 540,080,60 regarding the contract amount (the contract amount was changed to KRW 940,85,000 on the ground of the change in the terms of the contract thereafter).

(2) On January 31, 2010, the Plaintiff completed the above construction work and received KRW 940,885,000 from the Defendant.

3) Plaintiff HanjuMC Co., Ltd. (hereinafter “ Hanju”)

On February 28, 2011, between the Defendant and the Defendant, the contract amount of KRW 302,225,600 was determined as the contract amount (the annual unit price) for the repair of road facilities (the annual unit price) in 2011, and the contract amount was subsequently changed to KRW 433,780,730 on the ground that the contract amount was modified.

(1) The contract was concluded (hereinafter referred to as the “instant third contract”) including the modified terms and conditions.

(2) On February 29, 2012, the above Plaintiff completed the said construction and received KRW 433,780,730 from the Defendant. (b) The Defendant’s audit and redemption notice1) the Seoul Special Metropolitan City auditor of the autonomous Gu’s establishment, and the Defendant’s audit and inspection were conducted from around 2009 to 2012 as follows.

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