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(영문) 광주지방법원 2017.05.18 2014가합5519
채무부존재확인
Text

1. The obligation of the Plaintiff (Counterclaim Defendant) to pay the construction cost under the construction agreement in the attached Form to the Plaintiff (Counterclaim Plaintiff).

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. On December 2010, the Plaintiff entered into a verbal contract with Samsung C&T Co., Ltd. (hereinafter “T&T”) to re-subcontract the said T&T works, etc. with the Samsung C&T Co., Ltd. (hereinafter “T&T”) by subcontracting the “B lecture production and installation works.”

B. On February 1, 2011, as the Taecheon-gu ceased the progress of the said sub-subcontracting project, the Plaintiff entered into a contract with the Defendant on March 1, 201, which re-subcontracts the Defendant to the Defendant of the installation of a bridge, field map, non-destructive testing, and ground-making construction works (hereinafter “instant construction works”) among the sub-subcontracted construction works in the Taecheon-gu, which had been conducted by the Taecheon-gu, and the main contents of the instant basic construction agreement are as follows.

Basic Work Agreement

1. 1) Construction name of the object of the contract: The items and quantities of lecture installation, field design, non-destructive testing, ground creation 2): it shall be based on the individual subcontract agreement between the plaintiff and the defendant within the scope of the type of work prescribed in 1-1;

2. The contract period from January 1, 201 to December 31, 2011.

3. The scope of the agreement, and the guidelines for the agreement on individual production works;

6. Other written agreement on individual construction works shall be additionally prepared, and the provisions of the written agreement on individual construction works shall apply mutatis mutandis to the detailed matters of the written agreement on individual construction works.

C. (1) On March 1, 2011, pursuant to the instant basic construction agreement, the Plaintiff entered into an individual construction agreement (hereinafter “instant primary construction agreement”) with the Defendant regarding the instant construction project from March 1, 201 to December 30, 201 (hereinafter “instant primary construction agreement”) with the construction site design / field design / non-destructive testing/ base preparation, product and quantity 7,455 tons, contract amount 2,920,000,000 won (excluding value-added tax; hereinafter the same shall apply) and the construction period from March 1, 2011 to December 30, 2011.

(2) On April 28, 201, the Plaintiff reflects the settlement of accounts with the Defendant, and the amount of KRW 2,920,000,000 of the construction cost of the instant first individual construction agreement, reflecting the settlement of accounts with the Taedong-gu.

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