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(영문) 서울남부지방법원 2018.10.05 2017가단5031
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) written warranty and payment from the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. On July 2014, the Defendant entered into a construction contract with the Plaintiff to receive a contract for the construction of neighborhood living facilities and multi-family houses (hereinafter “instant construction contract”) with the following content of the construction project with the total floor area of 530.11 square meters (16 square meters) on the land of Yeongdeungpo-gu Seoul Metropolitan Government (160.36 square meters) (hereinafter “instant construction contract”).

- The amount of construction work shall be KRW 547,00,000 (including value-added tax), and 50,000 shall be paid as down payment, the intermediate payment of KRW 350,000 shall be paid in installments, and the remainder of KRW 147,00,000 shall be paid upon completion of the construction work.

However, since the construction cost is treated as a full loan, the condition that the down payment is paid at the time of loan execution, and the interest on the loan (from the contract to the one month after completion) shall be borne by the defendant.

- The construction period shall begin after the construction permit and begin six months from the date of commencement.

- The repairing period shall be two years after the approval for use (construction).

- The estimate of this construction shall include the construction after completion of construction work with the 3rd floor and the 4th floor after completion of construction work with the 7th floor.

B. Under the instant construction contract, the Plaintiff paid KRW 95,00,000,000 calculated by deducting the loan interest of KRW 5,000,000 from the Defendant’s loan interest of KRW 100,000 from the down payment and intermediate payment of KRW 100,000 on September 4, 2014, and paid KRW 98,00,000 after deducting the loan interest of KRW 2,00,000 from the intermediate payment of KRW 10,000 on September 24, 2014. The Plaintiff paid KRW 100,000 from the intermediate payment of KRW 10,000 and the intermediate payment of KRW 1,00,000 on December 22, 202 of the same year after deducting the loan interest of KRW 7,00,000 from the intermediate payment and intermediate payment of KRW 400,00,000.

In addition, the defendant started the construction, and approved the use of the new building on June 16, 2015, and constructed the 3th floor and the 4th floor in the studio-type, and constructed the 7th floor after completion of construction.

However, due to the civil petition filing in the vicinity, the above new buildings are constructed on July 6, 2015.

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