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(영문) 서울고등법원 2016.11.24 2016나2041447
채무부존재확인
Text

1. Revocation of the first instance judgment and dismissal of the instant lawsuit.

2. The total cost of a lawsuit shall be borne individually by each party.

purport.

Reasons

1. Basic facts

A. The Plaintiff and Han Han-si Construction Industry Co., Ltd. were awarded a contract with the owner C for the new construction of the D Apartment in Leecheon-si.

4. Period: From September 15, 201 to December 30, 2011

5. Contract amount: Value-added tax of KRW 1,180,000 ( KRW 1,180,000,000) per square meter x value-added tax of KRW 1,180 (excluding the remainder after the deduction of the value-added tax on the ground and the first floor);

6. Payment of the price;

(a) Advance payment: Details and ratio thereof within 15 days from the date he/she receives it from the ordering person or from the contract date;

(b)To preferentially pay the construction cost when the completed portion is sold in advance;

Provided, That the method of payment shall be the whole amount of the construction cost.

7. Items and quantities of payment materials: Matters specially entered into an agreement that there is no special agreement;

1. At the same time with the approval of completion, the Plaintiff’s large portion of the Defendant’s building shall be KRW 260,700,000 per household, based on the number of 33 square meters per household, and the total construction amount shall be paid by 100% as large parts.

3. (Omission) Provided, That after the completion of the framework, the Plaintiff’s side shall, in principle, recover substitutes from the Defendant and shall be paid in cash;

B. On September 5, 201, the Plaintiff entered into the instant subcontract with the Defendant to give a subcontract for the structural construction of the said apartment construction project (hereinafter “instant structural construction”). The main contents are as follows.

C. The Defendant completed the structural construction of this case.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, testimony of Gap witness E in the first instance trial, purport of whole pleadings

2. Determination on the legitimacy of the instant lawsuit

A. The Plaintiff, through the instant lawsuit, sought confirmation to the effect that there is no obligation to pay the construction cost to the Defendant, the contractor, under the instant subcontract. Accordingly, the Defendant is obliged to pay the Defendant the amount of the debt for the instant aggregate construction cost (i.e., the construction cost amount of KRW 1.298 billion under the instant subcontract (i.e., the contract price of KRW 1180 million).

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