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(영문) 서울중앙지방법원 2016.09.22 2015가합512383
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) the full amount of KRW 254,062,424 as well as the full payment from December 24, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Korea Rail Network Authority shall be a Dongbu Construction Co., Ltd. (hereinafter “Dongbu Construction”).

(3) The construction work of manufacturing and installing soundproof walls of Section 3-1 high-speed rail 3-1 (hereinafter referred to as the “instant construction work”).

On July 24, 2012, Dong Construction contracted the instant construction to the Defendant from July 24, 2012 to April 23, 2013; and the construction site is the construction site at the 702 degree in the evariririririririririririririririririririri (hereinafter “instant construction site”).

(2) The contract amount was set at KRW 3,297,80,000, and the Defendant agreed to pay the completed portion once a month in relation to the payment of the price, and within 60 days from the date of receipt of the object. The Defendant agreed to adjust the price according to the content and proportion within 30 days from the date of receipt of the order and to pay it within 15 days from the date of receipt of the order, with respect to the adjustment and payment of the price following design changes, economic situation changes, etc.

The revised settlement agreement was drawn up.

B. On July 24, 2012, the Plaintiff and the Defendant drafted the following material supply contract and construction agreement between the Plaintiff and the Defendant to re-subcontract the instant construction project from the Defendant:

(hereinafter referred to as the “instant subcontract”). Materials supply contracts

1. The ordering office: It is described as the Korea Rail Network Authority.

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