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(영문) 부산지방법원 2014.03.13 2013가단51335
채무부존재확인
Text

1. Obligations related to a construction contract in the attached list of the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) are as follows 3.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 2, 2013, the registration of incorporation was completed on April 2, 2011, when the Plaintiff’s interior remodeling business, etc. was its business purpose.

On April 19, 2013, the instant construction project was the first awarded project. On April 19, 2013, between the Defendant and the Defendant, the construction contract was entered into with the Defendant for the construction cost of KRW 200,000,000 for the land “C Remodeling Corporation” on the ground B of Busan Seo-gu and the construction period from April 22, 2013 to June 20, 2013. The details on the payment of the construction cost in the contract are as follows.

(2) Article 13 [the termination or discontinuance of a contract] of the above contract for construction work shall be cancelled or terminated as to the contract amount paid by the Defendant pursuant to the provisions of paragraph (4) on May 15, 25% of the intermediate payment payment (30%) 50,000,000 of the intermediate payment payment payment (30%) after receipt of the performance guarantee insurance policy for contract deposit of 30,000 on April 25, 200, the above construction work is referred to as “the instant construction work” and the above contract. The above construction work is referred to as “the instant construction work” and the above contract is referred to as “the instant construction work.” The above construction work is referred to as “the instant construction work” and Article 13 [the termination or discontinuance of a contract] of the above contract for construction work and the procedure and termination shall be compensated by the Plaintiff for the cancellation or termination of the contract amount paid by the Defendant under the provisions of paragraph (4).

B. Although the Plaintiff was issued a performance guarantee insurance policy regarding the down payment of the instant construction contract, the Plaintiff received a notice from the guarantee insurance company that it is unable to issue the relevant securities regarding an amount exceeding 10% of the construction price, and demanded the Defendant to inform the Defendant of such circumstance and revise the content of the instant contract. On April 22, 2013, the Plaintiff and the Defendant agreed to revise the payment portion of the construction price under the instant construction contract, and agreed to revise the down payment column for the down payment under the instant construction contract (the foregoing table) at KRW 20 million.

4.22. Written retainers 40 million

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