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(영문) 서울동부지방법원 2021.02.05 2018가합111869
채무부존재확인
Text

The plaintiff's agreement on January 12, 2018 against the defendant is in accordance with the agreement on the contract for construction and the settlement of construction cost.

Reasons

1. Basic facts

A. The Plaintiff is a person who runs the business of manufacturing paper bags and packaging paper bags with the trade name of C, and the Defendant (former company: D) is a company with the purpose of construction business and civil engineering work business.

B. On December 2016, the Plaintiff entered into a contract for construction work with the Defendant and the lower-nam Industrial Facility E (hereinafter “instant construction work”) with respect to the construction work for the construction work for the construction work for the construction work for the 1st underground floor, the 5th floor size of the ground (hereinafter “instant construction work”) (hereinafter “instant construction work”); the construction period of KRW 2.42 billion (including value added tax; hereinafter the same shall apply); the construction period of 10 months after the commencement of the construction work; the construction period of 3% of the construction cost for the defect repair deposit rate (replace with a warranty letter of defect repair); and the construction work contract for the construction work to be subcontracted at 0.1% per day (hereinafter “instant construction contract”).

On December 6, 2016, the Plaintiff drafted a construction contract with the Defendant and the construction cost of KRW 2.86 billion, and re-established the construction period from December 20, 2016 to August 19, 2017.

(c)

From January 25, 2017 to July 14, 2017, the Plaintiff paid a total of KRW 235,290,000 to the Defendant.

(d)

On January 12, 2018, the Plaintiff entered into a contract with the Defendant for a construction project (hereinafter “amending contract”) to increase the construction cost of KRW 3.025 billion, including the additional construction cost of KRW 165 million with respect to the instant construction project, and to change the construction period from January 20, 2017 to January 2018. On the same day, the Defendant and the construction cost settlement final contract amount of KRW 3,00,000 (the base wage of KRW 235,290,000, 672,100,000), and the remaining usage amount of the construction amount of KRW 30,000,000,000,000 for the settlement of construction cost (hereinafter “pre-determined agreement”).

E. On May 24, 2018, the Plaintiff obtained approval from the competent authority for the use of the instant building.

[Reasons for Recognition] Facts without dispute, Gap 1-6, Eul 8 evidence, Eul 3-5 evidence (if the evidence is available, the identification is omitted; hereinafter the same), and the purport of the whole pleadings.

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