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(영문) 서울고등법원 2018.09.21 2016나2004912
채무부존재확인
Text

1. The judgment of the first instance, including the Plaintiff’s claim extended by this court, shall be modified as follows.

The plaintiff.

Reasons

Facts of recognition

On September 30, 2009, the Plaintiff entered into a contract with the Defendant for the removal of buildings (hereinafter “instant construction project”) with the content that the contract price for the building subject to KRW 4.5 billion (excluding value-added tax) in Incheon Gyeyang-gu District A (hereinafter “instant construction project”) is KRW 4.5 billion, the contract period shall be within 12 months from the contract date, and the method of payment of the price shall be 10% of the contract amount and the payment of the price shall be 10% of the contract amount (hereinafter “instant construction contract”).

The Defendant started and started the instant construction work on October 15, 2009, and the Plaintiff’s payment of the construction cost, as indicated below, set up a detailed statement of feasibility review according to the progress rate by type of work four times, and claimed the Plaintiff for the re-discrimination construction cost.

In this regard, the Plaintiff paid the Defendant total of KRW 282,70,000,000,000 for the construction cost as stated in the following table.

On April 30, 2010, the date of the set-up of the order shall be 10-4,000 won (10-4) monthly interval confirmation-16,50 million won (165,000,000 won) monthly overtime interval confirmation-2 times on May 30, 2010, KRW 46,200,00 won (11-3) out of March 30, 201, KRW 49,50,000 won (40,000 won) and shall be 16,50,000 won (20,000 won) and shall be 4,000,000 won (11-4,000 won) and shall be 2,000,000 won (2,000,000 won) and 4,000,000 won (11-4,200,000 won and 2,718,000,000 won).

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