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(영문) 서울중앙지방법원 2013.12.13 2012가합98176
채무부존재확인
Text

1. The counterclaim Defendant shall pay to the counterclaim the amount of KRW 4,011,235,748 and the interest rate from March 1, 2011 to the date of full payment.

Reasons

1. Basic facts

A. On September 17, 2007, a design service contract (hereinafter “Defendant”) entered into a design and construction contract (Libya Triland 5,000 Hous and Inc. (hereinafter “HIB”) with the Libya Housing Infrastructure Board (hereinafter “Housing”) or HIB as follows.

The content is that the defendant is 51,230,000 LYD (1LYD exchange rate of KRW 1,000 per 1LYD) with the price for the design and construction of residential facilities and their public facilities, etc. in Tolol.

At the time, 13,780,750LYD, which is up to 2.5% of the price, was determined as design cost.

B. On November 25, 2008, the Plaintiff entered into the instant design service contract with the New Hanpo Forum, Inc., the subsidiary company of the Defendant Company, stating that the Plaintiff shall perform the design business of the housing and public facilities, incidental facilities, infrastructure facilities, etc. of the 5,000 household (the 4,000 household unit area of Marina, 1,000 household) in the area of Triol and Mapoland (the 4,000 household unit of Marina).

On February 26, 2009, the defendant succeeded to the rights and obligations under the design service contract of this case from the New Han Spo Forum, Inc.

Consolidated design service contract of this case is specified in the attached Table, and the contract amount of each design section executed by the plaintiff shall be specified in the following table:

The area of each construction project and the relevant household ratio (%) of the relevant contract amount of 4,00 housing units (cost: 50.866,00 Mai-do 4,000 50.86,000 2.540,098,000 2nd 800 Ra 2nd 1,200 1,200 Ka-do 63.58,502,440,000 Mai-do 4,000 4,000 4,000 9.441,13,920,000 Ka-do 1,200 5,696,000 Ra 2nd 80 2nd 2nd 80189,200 2nd 1,000 1st 2nd 804,208 1,004,208 1,009

B. (i) The Defendant’s performance of design business and receipt of design cost under the design and construction contract from the ordering party.

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