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(영문) 부산지방법원 2015.12.16 2014가합41028
채무부존재확인
Text

1. The contract for the CMoel remodeling project on August 9, 2012 by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) is concluded.

Reasons

Basic Facts

3. Construction period: Amount of contract from August 10, 2012 to November 4, 2012: KRW 748,000,000 (including value-added tax).

5. Contract amount for a construction project: one million won; and

8. The rate of liquidated damages for delay: 1/100 per day on August 9, 2012, the Plaintiff contracted to the Defendant the alteration of the structure of the Busan-gun and the Cel (hereinafter “instant building”) with the following content:

(hereinafter “instant contract”). On October 15, 2012, the Plaintiff and the Defendant changed the construction period of the instant contract into KRW 762,30,000 (including value-added tax) on December 30, 2012.

(2) The Plaintiff paid KRW 190,300,000 to the Defendant on August 17, 2012 as the instant contract price; KRW 40,00,000,00 on November 14, 2012; KRW 380,000,00 on February 8, 2013; KRW 5,00,000 on July 11, 2013; KRW 572,00,000 on September 27, 2013; and KRW 572,00,000,000 on September 27, 2013; KRW 762,30,000,000 on the construction price under the instant modified contract (i.e., construction price of KRW 762,300,000 on the instant contract; KRW 57,000,000 on the construction price of KRW 762,000 on the basis of construction price payment).

On the other hand, the Defendant, around December 23, 2013, transferred KRW 35,000,000, out of the payment of the construction price in the instant case, to Bangladesh Co., Ltd., and on the same day, notified the Plaintiff of the assignment of the said claim.

On December 30, 2012, the Plaintiff received delivery of the instant building from the Defendant and commenced the telecoming business in the instant building from December 31, 2012.

【Judgment on the assertion of forgery: The authenticity of the entire document is presumed to be established, since there is no dispute, Gap's 1, 2, and Eul's 1 through 4 (including each number; hereinafter the same shall apply)'s statement, the whole purport of pleading [the judgment on the assertion of forgery: evidence No. 2 of Eul [the judgment on the assertion of forgery: the standard contract (the first change) and the appraiser's E's seal appraisal result it is recognized that the next stamp image after the plaintiff's name is based on

The plaintiff puts up the remainder on the paper, whose evidence No. 2 was signed and sealed in blank by the plaintiff.

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