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(영문) 서울중앙지방법원 2015.03.05 2012가단270155
채무부존재확인
Text

1.(a)

The Plaintiff (Counterclaim Defendant) paid KRW 6,592,712 to the Defendant (Counterclaim Plaintiff) and the Plaintiff’s counterclaim from February 7, 2013 to March 5, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff and the Defendant received subsidies from the National Treasury and decided to perform repair works, such as the stables, etc. of B to which the Plaintiff belongs. The Plaintiff, around March 3009, requested the Defendant to file an application for subsidies from the National Treasury on behalf of the Defendant, by preparing a contract agreement (No. 6) with the construction period from March 30, 2010 to May 31, 2010, with respect to B legal term and demolition repair works as of March 30, 2010 between B and the Defendant.

B. From April 2010 to December 2010, the Defendant: (a) performed part of B’s floors, such as junopher and jun bond; (b) fingers and kischer’s ridges; and (c) replacement and repair works on the right side of juscher and jus; (b) installation works, such as preculatory, etc.; (c) water tank, septic tank, toilet construction; (d) mountain trails; (e) tin dum relocation works; (e) construction works; (e) reconstruction works; (e) road expansion; and (e) access road construction works (hereinafter “instant construction”); and (e) the construction costs amounting to total KRW 127,740,143.

C. The Defendant received KRW 100 million out of the construction price of the instant case with the national subsidy thereafter.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 3-1, 2, 3, Eul evidence 4-1 to 6, Eul evidence 1-2, Eul evidence 2, 3-2, Eul evidence 4-1, 2, Eul evidence 5-8, Eul evidence 9-1 to 9, 12-23, Eul evidence 10, Eul evidence 11-1, 2, Eul evidence 12-12, Eul evidence 13-1 to 32, Eul evidence 14-1 to 6, Eul evidence 15, Eul evidence 16-1, 2, 3, Eul evidence 17-2, Eul evidence 17-23 or appraiser evidence, Eul evidence, Eul evidence 17-1 to 14-1 to 6, Eul evidence 14-1 to 16-1, 2, 3, Eul evidence 17-2, and the purport of the whole appraisal result, Eul evidence 2017.

2. The assertion and judgment

A. According to the Defendant’s claim for the remainder of the construction cost, the Plaintiff is obligated to pay the Defendant the unpaid amount of KRW 27,740,143 (=127,740,143-10 million) out of the construction cost of the instant case.

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