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(영문) 대구지방법원 2015.07.24 2013가합10929
채무부존재확인 등
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 110,741,521 as well as as the period from June 20, 2015 to July 24, 2015.

Reasons

1. Basic facts

A. The plaintiff is a party to the dispute 1) A apartment in Daegu Northern-gu B (hereinafter "the apartment of this case").

(2) In order to manage the 735 generation, the Defendant macro-Energy Co., Ltd. (hereinafter “Defendant macro-Energy”) and the Defendant Edidive Industry Co., Ltd. (hereinafter “Defendant Edidive Industry”) are companies engaged in mechanical equipment construction and gas construction business.

B. On July 13, 2012, the Plaintiff entered into a contract for construction works between the Defendant macro-Energy and the construction cost of KRW 1,018,000,000 in order to convert the heating system of the instant apartment from the central heating system to the individual unit, and to replace the water supply pipe.

(hereinafter “instant contract”). Since then, there was a change in the construction process, the construction amount was changed to KRW 1,060,330,000.

The main contents of the above contract are as follows:

The name of the construction: The construction period from July 20, 2012 to October 30, 2012 (the completion when the entry of a household boiler into a new urban gas pipeline is completed with the completion of the construction after the completion of the inspection of the Korea Gas Safety Corporation): Change of KRW 1,060,300 from KRW 1,060 to KRW 30,000 at the time of the contract (the amount of penalty for delay shall be KRW 641,950,000 for common use, the exclusive use portion of KRW 41,950,380,00 for each day) to KRW 1,060 at the time of the contract (the completion of the construction after the completion of the inspection of the Korea Gas Safety Corporation): the amount of the contract to the Plaintiff’s joint and several surety at the time of the contract.

C. The Plaintiff completed the instant construction work on January 11, 2013. (2) From July 26, 2012 to February 28, 2013, the Plaintiff paid KRW 583,030,000 in total as the construction cost for the common use portion of the instant construction to the Defendant U.S. Energy, and paid KRW 84,360,000 in total as the construction cost for the exclusive use portion from December 13, 2012 to April 25, 2013.

The defendant macro-energy is exclusively used.

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