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(영문) 청주지방법원 2016.04.20 2014가합27569
채무부존재확인
Text

1. The defendant,

A. As to Plaintiff Kangsan Construction, KRW 108,568,049 and KRW 66,279,304 among them, from June 9, 2014, and April 42.

Reasons

1. Basic facts

A. The conclusion and amendment of the instant construction contract 1) Plaintiff Kangsan Construction Co., Ltd. (hereinafter “Plaintiff Hansan Construction”) and the Plaintiff Han Hansan Construction Co., Ltd. (hereinafter “Plaintiff Hansan Construction”) constitute a joint supply and demand organization (share ratio: 70% of the Plaintiff Hansan Construction, and 30% of the construction immediately thereafter). On December 14, 2011, an end-user institution was designated as “B Corporation (construction and Civil Works)” (hereinafter “instant construction”) with regard to the total construction amount as KRW 10,674,683,00, and the additional total construction amount as KRW 5,05,864,00,00 and the additional construction amount as KRW 5,05,864,00,00, total construction period as from December 15, 2011 to December 3, 2013 (hereinafter “the instant construction contract”).

(2) The instant construction contract was concluded three times in a long-term continuing construction contract (the total construction amount determined by a successful bidder, etc.). The instant construction contract was concluded three times within the scope of the budget for the pertinent year, and the contract was concluded several times for each vehicle. The main contents are as shown in the attached Table.

B. The scheduled date of completion of the instant construction project was July 3, 2013. However, the Plaintiffs passed a completion inspection on May 21, 2014, and the scheduled date of completion of the instant construction project was December 29, 2014, but the Plaintiffs passed a completion inspection on February 9, 2015. However, the Plaintiffs passed the completion inspection on June 3, 2014, on the ground that the implementation of the instant construction project was delayed 231 days (i.e., KRW 662,793,038 won (i., 946,847,196 x 0.7 x 0.7 x 0.7 x 0.7 x 96 x 196 x 196 x 196 x 4,06 x 105 x 106 x 96 x 14,06 x 196 x 146 x 96 x 16 5 x 5 x 16 x 5 x x 16 x 16 x 14).7 x x 14 .

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