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(영문) 의정부지방법원 2016.07.15 2015가합50832
채무부존재확인
Text

1. The Plaintiff’s nonperformance of contractual obligations arising from the extension contract between the Plaintiff and the Defendant on July 25, 2013.

Reasons

1. Facts of recognition;

A. The Defendant is an executor of the extension work, such as by-products treatment plant, etc. located B in Ansan-si (hereinafter “instant construction work”), and the Plaintiff is a contractor who has contracted the instant construction work from the Defendant.

B. On July 25, 2013, the Defendant entered into a contract for construction works of this case with the Plaintiff, and determined the contract period from July 30, 2013 to March 15, 2014 as totaling KRW 5.423 billion (=value 493 billion value-added tax of KRW 493 billion).

C. On March 11, 2014, the Plaintiff requested the Plaintiff to extend the construction period by May 31, 2014, and the Defendant consented thereto.

As the financial situation of the plaintiff has deteriorated and the progress of construction has become difficult, on June 2, 2014, the meeting of the countermeasures was held in the presence of the defendant's employee, the representative of the plaintiff, C representative D, the head of the supervision group, etc.

At the above meeting, the plaintiff proposed that "the expenses already invested shall be borne by the plaintiff, and the remaining losses shall be completed by the defendant, and the plaintiff removed the losses from the execution of the construction cost," but at the end of the discussion, the principle that the contents of the original contract are followed in the course of the construction work, re-convening the subcontractor and the price after the accurate analysis of the part of the construction loss, and the plaintiff agreed to make a decision on the progress of the construction until June 5, 2014.

E. On June 5, 2014, the Defendant sent to the Plaintiff a certificate of the content of requesting the submission of the construction implementation plan and the completion of the construction work, and the Plaintiff notified the Defendant that “the Defendant is practically impossible to complete the instant construction work.” The Defendant directly requested the subcontractor to pay the unpaid construction cost and the future construction cost on behalf of the Plaintiff and complete the construction work.

After that, on June 9, 2014, the Plaintiff drafted a written agreement on the waiver of construction to some of the sewage suppliers related to the instant construction project, and also to the Defendant on June 10, 2014.

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