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(영문) 대구지방법원 2015.08.21 2013가합1918
채무부존재확인등
Text

1. The Plaintiff (Counterclaim Defendant)’s extension work and renovation and repair work on the ground Bridge D in Gyeongsan-si against the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a nonprofit corporation, and the Defendant is a merchant who engages in construction business, etc. under the trade name of “E”.

B. 1) The Plaintiff and the Defendant drafted a standard contract for private construction works (Evidence A2) between the Plaintiff and the Defendant, stating that “the construction work is extended and reconstructed, the construction period from March 25, 201 to December 30, 201, the contract amount of KRW 1,500,000,000, and the date of the contract, March 25, 201, the contract amount of March 25, 201, and the Plaintiff and the Defendant as the contractor. 2) The Defendant discontinued part of the construction work for remodeling the building of the ground-based D factory (hereinafter “factory building of this case”) into Bridge (hereinafter “instant construction”) around December 2, 2011.

(3) The Plaintiff and the Defendant and the construction contract (hereinafter “the construction contract in June 28, 2012”) on June 28, 2012 (hereinafter “the construction contract in June 28, 2012”).

(4) The Defendant, upon entering into a construction contract as of June 28, 2012, drafted a standard contract for interior works (Evidence A) in which “the construction work is extended, remodeled, and repaired, and the construction work period is from July 1, 2012 to October 30, 2012, and the construction cost is KRW 1,250,000 (Additional Tax), and the Plaintiff and the Defendant’s contractor are named as the contractor and the Defendant.”

5) From July 9, 2012 to February 6, 2013, the Plaintiff paid the Defendant a total of KRW 1,324,00,000 for the construction cost under the construction contract as of June 28, 2012. (c) The Defendant’s construction of stone (hereinafter “instant stone shed”).

(1) The Plaintiff paid KRW 13,800,000 to the Plaintiff and completed the repair work. The Plaintiff’s 13,80,000 won has been paid and completed the repair work. The Plaintiff’s 1,2,3,4,9,15 evidence (including a serial number; hereinafter the same shall apply) without any dispute.

2.2.3: Each description of evidence Nos. 2 and 7, witness F and G, each testimony of G, the purport of the whole pleadings.

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