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(영문) 수원지방법원 2020.01.16 2019가합11411
채무부존재확인
Text

1. The Plaintiff’s subcontract price of each construction work as of February 1, 2018 and July 1, 2018 to the Defendant is KRW 219,318,694.

Reasons

1. Facts of recognition;

A. On July 17, 2017, the Plaintiff was awarded a contract for a new construction of the G building A, B, and C Dong (hereinafter referred to as “each building of this case”) from F in Sungsung-si Co., Ltd., and subcontracted the construction of reinforced concrete to H on July 17, 2017. On February 2018, H and the said subcontracted construction.

B. On February 1, 2018, the Plaintiff entered into a subcontract (hereinafter “instant contract”) with the Defendant on the construction period from February 2, 2018 to June 30, 2018 regarding the remaining reinforced concrete construction works (hereinafter “instant construction works”). On July 1, 2018, the Plaintiff entered into the subcontract (hereinafter “instant additional contract”) regarding the additional construction works (hereinafter “instant additional construction works”) from July 1, 2018 to August 31, 2018.

The construction cost of each subcontract (including value added tax, hereinafter the same shall apply) shall be the following (units 1,688,500,000 281,600,000 B Dong 1,810,600,600 C Dong 282,700,700,505,900 C Dong 1,500,311,300,000 total sum 5,005,005,000,000; hereinafter the same shall apply):

C. On July 31, 2018, the Plaintiff and the Defendant agreed on the settlement amount of KRW 228,00,000 (excluding value-added tax), KRW 229,00,000 (excluding value-added tax), and KRW 243,00,000 (excluding value-added tax) in the Cdong 243,00,000 (excluding value-added tax; hereinafter “settlement amount”).

Meanwhile, on August 9, 2018, the defendant is the debtor, the plaintiff is the third debtor, and I Co., Ltd. is the defendant's claim for the use fee amounting to KRW 104,506,509 against the defendant as the claim for the use fee amounting to KRW 104,506,50 against the defendant (U.S. District Court 2018Kadan6217, J, K, and L). The defendant's claim for the use fee amounting to KRW 16,25,80 against the defendant is the claim for the use fee amounting to KRW 16,25,800 against the defendant.

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