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(영문) 서울서부지방법원 2020.07.08 2019가합37267
채무부존재확인
Text

1. On November 1, 2018, between the Plaintiff and the Defendant, the Plaintiff is against the Defendant based on the subcontract for non-intermediate works among C works on November 1, 2018.

Reasons

1. The plaintiff is a corporation whose purpose is to engage in civil engineering and construction business, facility maintenance business, etc., and the defendant is a person who engages in the supply business of non-interpreting and steel workers in the trade name of "D."

On August 2018, the Plaintiff awarded a contract for C Corporation with E Company, and on November 1, 2018, ordered the Defendant to pay 54,480,000 won for the Non-Limit Corporation during the construction.

The defendant completed the construction work, and the plaintiff paid 38,947,800 won out of the construction price to the defendant.

However, the defendant asserts that the construction cost is KRW 157,730,000 for reasons of the waiting time for work.

According to the construction subcontract agreement entered into between the plaintiff and the defendant, work air costs or night work costs are also included in subcontract construction costs.

There is also a fact that there has been additional construction costs, such as the defendant's wrong installation of the vision and ordered the reinforcement of the vision at the ordering office, and accordingly, the use of equipment for other process.

Considering these circumstances, the construction cost that the Plaintiff has to pay to the Defendant is KRW 80,918,839.

Therefore, the Plaintiff is obligated to pay to the Defendant KRW 41,971,039 (=80,918,839-38,947,800). The Plaintiff’s obligation to pay the construction price to the Defendant does not exceed KRW 41,971,039.

2. Judgment on deemed confession (Article 208 (3) 2, and Article 150 (3) and (1) of the Civil Procedure Act).

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