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(영문) 수원지방법원 2016.07.08 2013가합11747
채무부존재확인
Text

1. The main office of this case shall be dismissed.

2. The Plaintiff (Counterclaim Defendant) is the Defendant (Counterclaim Plaintiff)’s KRW 1,314,126,196 and the Plaintiff’s counterclaim.

Reasons

1. Basic facts

A. On April 17, 2012, the Plaintiff and the Defendant’s Factory Construction Corporation (hereinafter “instant construction”) located in the Defendant and the Defendant’s Factory Construction Corporation (hereinafter “instant construction”).

As to the construction cost of KRW 3,148,200,00 (including value-added tax) and the construction period from April 23, 2012 to November 30, 2012 (the date of November 31, 2012 stated in the contract) appears to be written in writing on November 30, 2012.

up to the date of delay, the contract is set at 1/1,000 per day immediately preceding the rate of delay penalty (hereinafter “instant contract”).

(2) On the same day, the Plaintiff agreed to refund KRW 350 million out of the construction price to the Defendant, on the back of the same day when concluding the instant contract with the Defendant.

3) On April 23, 2012, the Plaintiff concluded a performance guarantee insurance contract with the content that the Plaintiff compensates for losses and an advance payment guarantee contract with the Defendant, the insured, from April 23, 2012 to November 30, 2012, with respect to the instant construction, respectively, and the Plaintiff paid the Plaintiff KRW 3,125,13,000 (in advance payment KRW 314,820,000 and until December 31, 2012, in the event that the construction is not completed due to the Plaintiff’s responsible reasons within the contract period, and issued the performance guarantee insurance policy and the advance payment guarantee policy issued by the Seoul Guarantee Insurance Co., Ltd. to the Defendant.) with respect to the instant construction, the Plaintiff paid the Plaintiff a total of KRW 3,125,13,000 (in advance payment KRW 314,820,000 and KRW 89,270,000,000).

In addition, the Plaintiff returned the construction cost of KRW 170 million out of the total construction cost of KRW 350 million, which was agreed to return to the Defendant pursuant to the above side agreement.

5. On February 15, 2013, the Plaintiff changed the completion date of the instant contract to February 28, 2013; however, the Plaintiff agreed on November 30, 2012, which is the date of the first contract completion, to make the compensation for delay as of November 30, 2012, and changed the construction cost to KRW 2,750,000.

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