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(영문) 대전지방법원 2019.06.20 2018가단9347
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 21, 2016, the Defendant was awarded a contract by setting the construction cost of KRW 920,000,000 and the construction period from July 25, 2017 to March 31, 2017, for the Daejeon-gu Ground Living Facilities Project (hereinafter “instant construction”).

B. Since then, the owner of the above building changed to the Plaintiff, the Plaintiff and the Defendant concluded a contract for the change of the name of the owner who ordered the Plaintiff in relation to the instant construction work on August 29, 2016.

C. In relation to the payment of the construction cost of the instant construction on November 27, 2017, the Plaintiff and the Defendant drafted a written performance agreement stating that “the Plaintiff shall pay to the Defendant the unpaid construction cost, the remainder shall be paid directly to the subcontractor, and KRW 200 million out of the above KRW 320 million shall be paid by the E Union, and the remainder shall be paid by receiving the loan from the E Union, and the remainder shall be paid by March 30, 2018,” and the F, who was in de facto marital relationship with the Plaintiff, jointly and severally guaranteed the Plaintiff’s obligation under the said performance agreement with the Plaintiff.

In the process of receiving a loan from E in accordance with the above performance agreement letter, on December 7, 2017, the Defendant submitted to E the Plaintiff a certificate of completion of construction payment that confirms that the construction price of the instant construction project has been fully paid at the Plaintiff’s request, and the Plaintiff remitted the loan amount of KRW 200 million from E to the Defendant.

E. On the other hand, on December 7, 2017, F prepared a statement of performance of the construction cost (No. 2, hereinafter “instant statement of performance”) stating that “The certificate of payment of the construction cost was necessary for bank loans, and the remaining construction cost was 120 million won, and the F is obligated to pay to F,” and the notary public was certified as the Ministry of Finance and Economy No. 4713, Dec. 7, 2017.

[Ground of recognition] Evidence Nos. 1, 2, Eul Nos. 1, 3, and 5, the purport of the whole pleadings

2. The Plaintiff asserted and determined that the instant construction was practically carried out and supervised by the F, and F on July 2017.

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