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(영문) 서울남부지방법원 2018.07.06 2016가합102710
채무부존재확인
Text

1. The construction cost obligation of the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) is the amount set forth in paragraph (2) of this Article.

Reasons

The principal lawsuit and counterclaim shall also be deemed to have been filed.

1. Basic facts

A. The plaintiff is a corporation established for the purpose of the construction business, etc., and the defendant is a person who runs a construction business after registering his/her business in the trade name of "C".

B. On September 14, 2015, the Plaintiff entered into a construction contract, etc. (i) the Gyeonggi-do Office of Education for the Masansan District of Education (hereinafter referred to as the “Masan District of Education”).

(2) On October 15, 2015, the Plaintiff was awarded a contract for the instant sports hall extension work with the construction cost of KRW 1,542,288,260 (including value-added tax); the construction period of KRW 1,542,28,260 (including value-added tax); the rate of penalty for delay 0.1% from September 21, 2015 to April 17, 2016; and the value-added tax rate of KRW 10% from October 15, 2015 (hereinafter “instant construction”); and the Plaintiff paid the instant construction work of reinforced concrete among the instant sports hall extension work (hereinafter “instant construction”); the construction period of KRW 190,00,000 (excluding value-added tax); and the construction period of KRW 26,300,000 from October 26, 2015 to April 11, 2015; and the completed portion of KRW 2,200,000,00.

The construction cost statement attached to the above construction contract shall include the amount calculated by adding profits to the direct material cost, direct labor cost, and machinery cost as construction cost, and the aggregate sheet is divided into the installation work and reinforced concrete construction work, and each of them includes the material cost, labor cost, expenses, etc.

3) On October 21, 2015, E entered into a sub-subcontract to the Plaintiff on October 21, 2015, with the payment of construction cost of KRW 187,00,000 (excluding value-added tax), the construction period from October 22, 2015 to November 30, 2015, and the payment of completed portion was claimed on October 30 of the preceding month and paid in cash on the 10th of the following month (hereinafter “instant subcontract”).

The estimate attached to the above subcontract shall include the amount calculated by multiplying the unit price of wood, steel bars, fry, and miscellaneous materials by 219 square meters, and the amount calculated by adding the weight cost to the unit price of miscellaneous materials as the estimated amount.

4. Meanwhile, E is subject to the Plaintiff’s representative director F.

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