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(영문) 창원지방법원 진주지원 2017.01.11 2016가합10707
채무부존재확인
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 6, 2010, the Korea Development Bank Co., Ltd. (hereinafter referred to as the “Korea Development Bank”) entered into a subcontract with the Defendant for C further Works (hereinafter referred to as the “instant construction”), which is KRW 2.750 million (value added tax) for the construction cost of the instant construction. A private teaching institute for a school foundation (hereinafter referred to as “private teaching institute”) entered into a contract on December 17, 2010 with the Korea Development Bank for the content of KRW 3.2 billion (including value added tax) for the instant construction project, and the Defendant and Thai Industries jointly and severally guaranteed the obligation of the Korea Development Bank for the Korea Development Bank.

B. On October 28, 201, the first-class private teaching institute terminated the said contract between the NAA and the NAAC, and entered into a new contract with the Defendant, the joint and several surety of the said contract, including the content of the construction cost set forth in KRW 3.2 billion (including value added tax) with respect to the instant construction work.

C. Around November 14, 2011, the Defendant entered into a subcontract with Gangseosan Development Co., Ltd. (hereinafter “Gangsan Development”) on the terms of the construction amount of the instant construction project at KRW 3.55 billion (excluding value-added tax). The substantial content of the said subcontract was that the Defendant, instead of transferring all rights, such as the right to implement the instant construction project with respect to Gangwon Industrial Development, the Gangwon Industrial Development paid KRW 3.55 billion to the Defendant.

The defendant filed a lawsuit against Gangseosan Development for the confirmation of existence of the contract No. 2012 A. 2050 of this Court and the contract amount No. 20103 of this Court against the defendant et al., respectively. In each of the above lawsuits, the defendant confirmed that the subcontract entered into between the defendant and the Gangwon Development has been terminated, and the contract amount entered into with respect to the construction of this case has been sold in advance by Gangwon Development is recognized by the defendant, and the defendant paid KRW 50 million to D.

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