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(영문) 제주지방법원 2016.10.27 2015가합11607
채무부존재확인
Text

1. The Plaintiff’s obligation for construction price based on the Plaintiff’s contract concluded on November 28, 2014 to the Defendant is KRW 43,732,59 and that is accordingly.

Reasons

1. Facts of recognition;

A. On July 28, 2014, the Plaintiff concluded a contract for the construction of a building for accommodation facilities B (hereinafter “instant construction”) with the construction of the preliminary complex (e.g., the construction of the instant construction”) on the following grounds: (a) the construction period from July 29, 2014 to January 28, 2015; and (b) the construction cost of KRW 1.3 billion (value-added tax separately).

In August 2014, the comprehensive construction of the instant construction was suspended in August 2014.

B. Accordingly, the Plaintiff cancelled the contract for the instant construction project, and, at the time of the preliminary comprehensive construction project, concluded a contract for the remainder of the instant construction project on October 2014 to the Defendant, who had been awarded a subcontract for the instant construction project. On November 28, 2014, the Defendant and the construction period from August 15, 2014 to February 28, 2015, written each contract for construction cost of KRW 1.3 billion (excluding value-added tax, advance payment, KRW 30 million, and settlement within one month after the completion of the completed payment), and the construction cost of KRW 1.1 billion per day per delay interest rate.

(hereinafter referred to as “instant contract”). C.

In relation to the construction cost upon the contract of this case, the Plaintiff and the Defendant prepared a letter of performance as follows:

1. The amount of KRW 180,000,000,000 for the instant construction contract deposit paid by the Plaintiff to the Extraordinary Construction shall be included in the instant construction contract deposit concluded by the Defendant and the Plaintiff.

(Loss) However, if the amount of KRW 180 million already paid by the Plaintiff during the instant construction period is recovered, it shall be reverted to the Defendant and shall be deposited into the corporate passbook.

2. In the event that part of the construction cost offered by the Plaintiff is deposited to the Defendant, the Defendant will issue (goods price) tax invoices of KRW 300 million to the Defendant immediately.

3. As to the part of the defendant who contracted the instant construction, the copy of the subcontract is presented to the plaintiff.

In principle, the defendant shall pay 30% of the subcontract deposit, 30% of the intermediate payment, and 40% of the balance for a definite construction plan.

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