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(영문) 대전지방법원 2018.10.31 2017가합108152
채무부존재확인
Text

1. Of the instant lawsuit, the Plaintiff’s money to the Defendant regarding the subcontract for construction works indicated in the attached Table 2.

Reasons

The plaintiff in the conclusion of the basic subcontract is the person who operates the intervention E in the construction business located in the original city D.

C, on July 7, 2017, the Defendant prepared a construction subcontract agreement with the Defendant for the construction work indicated in the attached Table 1 (hereinafter “F construction work”) as “the construction period: from July 12, 2017 to October 12, 2017; the contract price of KRW 302,50,000” (hereinafter “F subcontract”), and signed and sealed the subcontractor’s name and sealed the subcontractor’s name in the name of the Plaintiff.

In addition, on September 8, 2017, C prepared a construction subcontract agreement (hereinafter “G subcontract agreement”) in attached Table 3 from the Defendant as “the construction period: from September 11, 2017 to October 31, 2017; contract amount: 105,000,000 won; and value-added tax,” and entered as the Plaintiff’s agent, and signed and sealed the subcontractor’s name in the name of the Plaintiff.

On July 11, 2017 from July 7, 2017 to October 12, 2017, the term of the prime contract insurance contract for the issuance of securities for which the guarantee insurance contract was concluded, the Plaintiff obtained a performance guarantee insurance policy (contract) under which the Defendant was designated as the insured by the H Co., Ltd. (hereinafter referred to as “H”) for the payment of the instant subcontract deposit, and C issued it to the Defendant, as follows.

With respect to the detailed construction work at the first head of the termination of the instant subcontract (the case of returning the down payment,000 won due to the termination of the contract)

1. Termination of a contract due to the termination of the original office;

2.E shall return the down payment to J.

3.E shall transfer 40,000 won to the Deputy Director for reasons of failure to return immediately.

4. Accordingly, the 40,000 Won for the construction contract deposit shall be as set out above.

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