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(영문) 인천지방법원 2014.12.12 2013가합36473
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 8, 2013, the Defendant contracted D Corporation’s “D Corporation’s KRW 1,040,584,000,” and thereafter subcontracted D Corporation’s construction work to the Plaintiff.

(hereinafter referred to as the “subcontract contract”) is the instant construction contract. (b)

Pursuant to the amendment of the construction contract concerning the instant construction project between the Plaintiff and the Defendant, multiple construction contracts have been prepared, and the two main contents thereof are as follows, and the date of preparation stipulated in the two contracts are all May 27, 2013.

[2] A contract of this case (Evidence 4 of this case) - Construction title - Construction title D - Construction amount: 465,000,000 won (excluding value-added tax) from May 27, 2013 to July 8, 2013 - Prepaid amount: 10,000 won: 0,000 won after completion of construction: 0.3% of the contract amount per day: 0.3% of the contract amount per delay - Other matters: contract and advance payment guarantee shall be substituted by the equipment and materials owned by the contractor.

- Construction name: D - Construction period: From May 27, 2013 to November 30, 2013: Construction amount: 543,00,000 won (excluding value-added tax) - Prepaid amount: 100,000 won (excluding value-added tax) - Completion payment amount: 100,000 won after completion of construction: 10% after completion of construction (cash): - Contract deposit: 0.3% of the daily contract amount - Guarantee letter: Contract and gold guarantee certificate shall be submitted.

C. On the other hand, the specifications attached to the contract of this case are not included in the construction cost as marine cranes, Setting, tugboating, and boating expenses, but are included in the construction cost. However, the specifications attached to the contract of this case 2 is included in the construction cost.

On June 10, 2013, the Defendant paid KRW 110,000,00 to the Plaintiff as advance payment of the instant construction contract.

E. After that, on August 23, 2013, the Defendant notified the Plaintiff of the termination of the contract on the ground that the Plaintiff demanded the additional payment of the construction cost and the occasional suspension of construction work. On October 2013, 2013.

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