logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.05.31 2018가합205401
채무부존재확인
Text

1. A city-type residential house located in D and one parcel of land for the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. On July 29, 2014, the Plaintiffs entered into a construction contract with E (hereinafter “E”) with the content that the Plaintiffs set the construction period from August 21, 2014 to February 28, 2015 (hereinafter “instant new construction”) to set the construction cost as KRW 1,145,040,000 for the construction cost from August 21, 2014 to February 28, 2015.

B. On February 10, 2015, E entered into a subcontract for construction works with the Defendant, setting the construction period from February 10, 2015 to April 30, 2015, with the construction cost of KRW 509,300,000 for the construction work among the new construction works of this case (hereinafter “instant termination works”).

C. On August 21, 2015, the Plaintiffs agreed to pay directly to the Defendant KRW 509,300,000 for the instant termination work price to the Defendant.

The Plaintiffs: (a) have led to the confession of the above agreement, but revoked by making a statement of response from October 23, 2018 at the fifth date for pleading; (b) however, the evidence submitted by the Plaintiffs alone is insufficient to recognize that the said confession was contrary to the truth and due to mistake; and (c) there is no other evidence to acknowledge this otherwise, the revocation of confession is void.

Meanwhile, on the other hand, the Defendant promises the Plaintiffs to complete the instant finishing construction by September 5, 2015, and promises to complete the instant finishing construction by no later than September 5, 2015, and promises to complete the instant finishing construction by no later than September 6, 2015, stating that “If the deadline is not met, to waive all the expenses incurred in connection with the relevant finishing construction and all the rights to exercise rights; ② a cash custody certificate stating that “where the completion of the instant finishing construction is not completed by September 25, 2015, to waive all the balance of the construction cost and to compensate all the cost of the finishing construction if the completion construction is not completed by no later than September 25, 2015; and ③ to complete the instant finishing construction by no later than November 2, 2015.”

".........."

arrow