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Reasons
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(영문) 서울북부지방법원 2017.10.17 2017가단124232
채무부존재확인
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1. The Plaintiff (Counterclaim Defendant) shall pay 8,580,000 won to the Defendant (Counterclaim Plaintiff) and its full payment from August 24, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On July 18, 2014, the Plaintiff was awarded a contract with the subcontractor for the D D Golf range construction work located in Gwangju City (hereinafter “instant construction work”).

B. The Defendant on August 24, 2016:

8.29.

8. 30.

9.6.

9. 7. Construction site of this case carried out work by inserting pumps equipment.

C. The defendant's status B

The user fees incurred by leasing equipment such as the equipment described in the paragraph shall be KRW 8,580,00 (including value-added tax).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 (including paper numbers), Eul evidence Nos. 2 through 4, the purport of the whole pleadings

2. On August 2016, 2016, the Defendant, at the request of F, the Plaintiff’s internal director and the on-site director, determined on the counterclaim claim.

9. On the other hand, the Plaintiff asserts that the Plaintiff is obligated to pay KRW 8,580,00,00 for the pump use fee due to the lease of pumps. However, while the construction contract was revised on May 4, 2015, the Plaintiff was actually excluded from the instant construction project, and thereafter did not participate in the instant construction project thereafter, the Plaintiff did not bear the cost of equipment against the Defendant.

In other words, the following facts are deemed to have been comprehensively taken into account the following facts: (a) the Plaintiff was actually excluded from the instant construction on May 4, 2015; and (b) G and F, E, the Plaintiff’s leading role in the instant construction; (c) on June 30, 2014, the Defendant maintained such status by taking office as the Plaintiff’s internal director on June 30, 2014; (d) the Plaintiff appears to have been written on the signboard at the instant construction site by the time of entering the construction site of this case; and (e) the Defendant lent the pumps at the construction site of this case on August 10, 2016.

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