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(영문) 의정부지방법원고양지원 2016.05.13 2015가단92931
채무부존재확인
Text

1. The Defendant’s District Court Decision 2015 Ghana1933 dated September 21, 2015, against the Plaintiff.

Reasons

1. Basic facts

A. On August 26, 2015, the Plaintiff was the representative director of C, a corporation engaging in design and indoor decoration specialized work, and operated DCP under his/her own name. Around August 26, 2015, the Plaintiff entered into a contract with the Defendant to execute electrical construction and wall interior works on a restaurant located in Bocheon-si E, Incheon, which is scheduled to open on September 1, 2015 (hereinafter “instant contract”). The Defendant wired KRW 2,50,000,000 to the Plaintiff’s account on August 27, 2015.

B. However, on August 27, 2015, the Defendant became aware of the fact that he/she would be able to perform construction works at a lower level than the Plaintiff through other companies around A.M., and asked the Defendant that the contract may be revoked, but the Plaintiff rejected it.

From 15:00 on the same day, the Plaintiff sent letters requesting the rescission of the instant contract to the Plaintiff on the ground of the financial situation. Accordingly, around 15:26, the Plaintiff had already purchased materials to the Defendant and received the Defendant’s request, and later sent letters in the currency.

C. Since then, the Defendant continuously sent the letters requesting the rescission of the contract to the Plaintiff. Since 17:17, on the ground that the Plaintiff did not receive the Defendant’s phone, sent the phrase that the Plaintiff was unable to perform the contract from now to now, and at around 18:15, expressed the Plaintiff’s intent to receive the complaint on the following day as the Plaintiff reversed the contract. In fact, on September 2, 2015, the Defendant asserted against the Defendant that the instant contract was cancelled on the ground of the Defendant’s nonperformance of obligation as the District Court Decision 2015Gada19333, the Defendant asserted that the instant contract was rescinded on September 2, 2015, and filed a lawsuit claiming the payment of the down payment amount of KRW 2,500,500,000 and damages for delay.

On September 21, 2015, the above court held that the plaintiff filed a complaint with the defendant on September 21, 200.

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