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(영문) 광주지방법원 2016.11.17 2014가합55811
채무부존재확인
Text

1. Plaintiff A with respect to restoration of forests and fields C when the Plaintiff A and the Defendant move to, the Plaintiff.

Reasons

1. Basic facts

A. The status of the party concerned is the Plaintiff A Incorporated Association established for the purpose of E’s processing, sale, transportation, etc., the Plaintiff B is the representative director of the Plaintiff Incorporated, and the Defendant is a corporation established for the purpose of civil engineering work business.

B. On February 3, 2006, the Plaintiff Company was notified that the Plaintiff Company was selected as the person eligible for the “Joint Resources Development Project” in the year 2010, with the approval of the business establishment plan and with the approval of the other fertilizers and nitrogen compounds manufacturing business from the Naju City on December 16, 2009, with the subsidies of KRW 2,40,000,000, self-paid charges of KRW 600,000,000, which could be newly constructed the E-processing Chapter.

C. The Plaintiff corporation and the Plaintiff corporation entering into a contract for the work of the Defendant with the Plaintiff corporation intended to newly build a E treatment plant in Naju City C (hereinafter “the instant real estate”). For the said new construction, there was a need for restoration of forests and fields damaged forests and fields (hereinafter “ restoration work”) to be done prior to the instant real estate.

Accordingly, around September 2010, F, who is the husband of the Plaintiff B and the actual operation of the Plaintiff Corporation, proposed that the Defendant be entrusted with civil engineering and construction works among the entire construction works of the above restoration work and the E treatment site (hereinafter “E treatment site civil engineering and construction works”), and the Defendant consented thereto.

On October 15, 2010, the Plaintiff corporation applied for the approval of the plan for restoration at the time of Naju on October 15, 2010, and obtained the approval of the plan for restoration from Naju on October 25, 201, and the Defendant started restoration work from October 201.

E. On February 16, 201, the Plaintiff corporation entered into a subcontract agreement with the Plaintiff corporation, and the Plaintiff corporation that entered into the Defendant’s subcontract agreement with the Plaintiff corporation entered into a contract for the construction cost of KRW 3,300,000,000 and the construction period from February 21, 2010 to September 30, 201, and the Defendant entered into a contract for G and E-handling on February 25, 201.

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