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(영문) 서울남부지방법원 2020.08.20 2018가합115499
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant) with respect to the shipbuilding and aesthetic construction of two sections from among the Chuncheon-si D apartment reconstruction projects.

Reasons

1. Basic facts

A. The Plaintiff was a corporation that is engaged in civil engineering and construction work contract, etc., and was awarded a reconstruction project by the D Apartment reconstruction and improvement project association for Chuncheon apartment (hereinafter “instant apartment”).

The defendant is a corporation that operates a design, waterproof construction business, etc.

B. On October 13, 2016, the Plaintiff entered into a contract with the Defendant to subcontract the construction cost of KRW 2,063,060,00 (including value-added tax of KRW 3,060,00) with respect to the instant apartment reconstruction project (hereinafter “instant construction project”) and the construction period of KRW 2,063,060,00 (including value-added tax of KRW 3,060,00) with respect to the instant apartment reconstruction project (hereinafter “instant contract”).

The main contents thereof are as follows:

The Agreement of this case (A, No. 1, 5) (B/L)

1. Project owner: D apartment reconstruction project association;

2. Name of the prime contract: Re-building of the D apartment house in Chuncheon City.

3. The name of the subcontracted project: Lighting and unclaimed construction (two construction sections).

4. Construction period: The contract amount of 2,063,060,000 won from October 13, 2016 to May 35, 2018: Value-added tax of 1,163,967,200 won: 3,060,000 won;

6. Payment of the price;

(a) Advance payment: Details and ratio thereof within 15 days from the date the person placing an order receives such advance payment;

(b) Method of payment (1) within 60 days from the date of receipt of the object (2) / Within 15 days from the date of receipt of the object (3) : 100% in cash;

C. (1) The principal contractor shall pay (general terms and conditions of the contract) within 15 days from the date of the adjustment and payment (2) in accordance with the content and proportion of the adjustment within 30 days from the date the ordering person received the adjustment from the ordering person (general terms and conditions of the contract).

Article 2 (Change of Contract) (2) Where adjustment of subcontract consideration is necessary due to changes in the content, period, volume of construction, etc. of the contract, the plaintiff and the defendant.

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