logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.01.25 2016가단117516
채무부존재확인
Text

1. It was concluded between the Plaintiff and the Defendant on July 18, 2014 with respect to the structural construction of a new D apartment located outside Kimhae-si.

Reasons

1. Basic facts

A. On July 18, 2014, the Plaintiff (formerly changed: E Co., Ltd.) contracted for the new construction of the Dog-si and three lots of ground D apartments from the Dog-si Development Co., Ltd. (hereinafter “Gyeongdo-si Development”). On July 18, 2014, the Plaintiff concluded a construction contract for the construction of the Dog-si and three lots of ground D apartments to the Defendant who subcontracted the Dog-si construction cost of KRW 560 million (hereinafter “instant construction contract”).

B. After completing the above structural construction, there was a dispute between the Plaintiff and the Plaintiff regarding the burden of value-added tax arising from the instant construction contract, and around September 2015, the settlement agreement was reached with the Plaintiff and the Defendant’s director F regarding the instant construction contract (hereinafter “instant agreement”), and the main contents are as follows.

1. G (Plaintiff and owner) shall pay 570,00,000 won for the construction cost, and 27,000,000,000 won for taxes (value-added tax) to 597,00,000 won, and shall be closed;

2. The construction cost to be paid by the Defendant shall be 509,000,000, value-added tax 27,000,000, and the corporate tax to be paid by F shall be 11,00,000,000, as well as 547,000,000.

3.F shall, on behalf of the Defendant, terminate the total construction cost of KRW 597,00,000 after deducting the Defendant’s KRW 547,00,000 from the total construction cost of KRW 597,000,000.

4. The Defendant is responsible for the expenses for tree trees and steel bars.

7. The amount remitted in the name of H(I) by the Defendant is directly paid by the Defendant.

C. Meanwhile, the Plaintiff paid the Defendant the construction cost of KRW 409,000,000 according to the instant construction contract, and paid the Defendant KRW 4,000,000 for labor cost of non-public service as the Defendant’s debt, and KRW 28,00,000 for personnel cost of labor for non-public service as the Defendant’s debt, KRW 3,357,50 for non-public service for non-public service and labor cost of labor for non-public service

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The party's assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff is obliged to bear the Defendant’s labor cost of KRW 45,00,000, based on the instant agreement.

arrow