logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.06.15 2016나8764
채무부존재확인
Text

1. Revocation of a judgment of the first instance;

2. The Plaintiff’s additional charges against the Defendant on November 11, 2014 on the ground of Geumcheon-ri 467.

Reasons

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. The Plaintiff’s assertion that the construction work of this case was completed is merely equivalent to KRW 89,366,00 (excluding additional construction cost), while the construction cost was already paid KRW 90,000 (excluding additional construction cost). As such, the Plaintiff’s obligation to pay the construction cost to the Defendant in relation to the instant subcontract is no longer nonexistent.

B. The Defendant’s assertion that the construction of this case’s assertion is against the amount equivalent to KRW 105,709,000 (except for additional construction costs), and the amount of the construction payment is merely 90,000,000 (except for additional construction costs), the difference shall be paid in addition to KRW 15,709,000.

3. According to the facts of the above determination as to the cause of the claim, the instant subcontract was terminated by the implied agreement between the original Defendant around May 2015.

Accordingly, between the plaintiff and the defendant, the procedure for the settlement of construction cost corresponding to the beginning of the construction work in this case remains.

However, comprehensively taking account of the above evidence, Gap evidence evidence No. 8 and the purport of the whole pleadings, the defendant paid 6,750,000 won in relation to the part of the construction work of this case (the construction work of this case 76,800,000 won in total 3,500,000 won in construction of septic tanks, which is in a state of non-construction, and 3,250,000 won in complex construction cost, and 3,300,000 won in case of basic construction of the new construction work of this case) and 11,136,000 won in relation to the new construction work of this case (the construction cost of this part 18,36,000 won in total excluding 7,20,000 won in case of non-construction and construction cost of this part), and it is recognized that the construction work of this case has been completed under the name of the plaintiff as the total construction cost of this case.

arrow