(영문) 청주지방법원 제천지원 2018.01.24 2017가단20896

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(영문) 청주지방법원 제천지원 2018.01.24 2017가단20896

채무부존재확인

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1. The Plaintiff (Counterclaim Defendant) paid KRW 42,673,650 to the Defendant (Counterclaim Plaintiff) and its related amount from September 12, 2017 to January 24, 2018.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the building C on the ground of Incheon City (hereinafter “instant building”), and the Defendant is a company with the purpose of glass construction and double floor glass processing, etc.

B. On April 29, 2017, the Plaintiff contracted the Defendant with the new and glass construction of the instant building (hereinafter “instant construction”) in KRW 104,749,000.

(hereinafter referred to as the “instant contract”). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 and 2 (including paper numbers; hereinafter the same shall apply), and the purport of the whole pleadings.

2. Judgment on the plaintiff's main claim

A. 1) The instant contract was rescinded due to the reasons attributable to the Defendant, such as defective construction works, unfaithful construction works, and acts performed by the Defendant at the site as follows. Therefore, the Plaintiff seeks to confirm against the Defendant that there is no obligation to pay the Plaintiff’s construction price to the Defendant in relation to the instant construction works. A) The Defendant under the instant contract agreed to execute a new construction of a new size of the same as the size of the board already installed in the instant building, and the Defendant shall not execute a new construction with a thickness of 155 meters.

Nevertheless, on May 24, 2017, the Defendant constructed a new gate on the instant building on May 24, 2017, and installed a new gate with a thickness of 155 meters.

B) The Defendant manufactured and installed the new upper part and the side surface at its own convenience 3 cm reduction and installed. C) The Defendant constructed the new project text and the rear closed window at a large of 50 cm without the Plaintiff. D) The Defendant, despite having ordered the new string of the inner windows and the side windows after the building to be constructed immediately at a 155-m m xife so, at a new 120-meter m high speed, even though the new string of the inner windows and the side windows after the building was to be constructed immediately. E) The Defendant had to work outside the rear window, but performed the interior work.

2. The instant contract was rescinded by the Defendant’s fault.

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