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(영문) 서울남부지방법원 2014.12.18 2014가단214919
채무부존재확인
Text

1. The construction work for the manufacture and installation of Magalian structure between the Plaintiff and the Defendant on November 5, 2012 between the Plaintiff and the Defendant.

Reasons

On November 5, 2012, the Plaintiff entered into a contract with the Defendant for the manufacture and installation of 100 metric structures (a contract amount of KRW 40,700,000) and performed the construction work of Pokakanails structures on a 1 ton small vehicle provided by the Defendant under the said contract (Provided, That only 81 out of 100, and the remaining 19 items are supplied and supplied), and the Plaintiff provided 3% of the contract amount to the Defendant as defect deposit at the time of the said contract, and issued and delivered securities for the period of performance guarantee insurance covering 1,21,00 won from November 26, 2012 to November 25, 2014; the contract amount under subparagraphs 1 through 31, 2012 to the Plaintiff or the entire contract amount under subparagraphs 1 through 5, 201 to the Plaintiff may not be disputed; or the entire contract amount under subparagraphs 1 through 5, 2012 to the Plaintiff.

However, with respect to the fact that the defendant has a defect repair claim against the plaintiff in relation to the above contract, it is not sufficient to recognize the above only by the descriptions of the evidence Nos. 4, 5, 6, and 7, and there is no other evidence to acknowledge it.

Nevertheless, the defendant asserts that there is a claim for defect repair against the plaintiff, and thus, the plaintiff has the interest to seek confirmation as to the absence of the above obligation through the lawsuit of this case.

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition.

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