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(영문) 수원지방법원 2018.07.19 2017가합2499
채무부존재확인
Text

1. A debt owed by the Plaintiff (Counterclaim Defendant) to the Defendant (Counterclaim Plaintiff) on July 10, 2017 is KRW 17,000,000.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 13, 2017, the Plaintiff, the owner of the building in Nam-gu Incheon Metropolitan City, ordered D on April 13, 2017, the construction cost of the 105,000,000 won for the construction of the 4th floor of the building (hereinafter “instant construction”) and May 20, 2017 for the completion date.

B. However, due to the delay in the completion of the instant construction, the completion was not completed even around July 2017. During that process, D requested that the Plaintiff pay the construction cost, labor cost, and material cost on the part of the subcontracted subcontractor, labor cost on the part of the subcontracted subcontractor, and on the part of the supplied materials cost. The Plaintiff directly paid the construction cost, labor cost, and material cost upon the said request.

C. On July 10, 2017, the Plaintiff drafted a written confirmation of payment that the Plaintiff would pay KRW 17,000,000 (Evidence A; hereinafter “instant payment confirmation”) and the said written confirmation is written as “E” with the payment date on July 10, 2017.

On the other hand, the certificate of credit sales / the certificate of accounts receivable Gap 7, hereinafter referred to as "certificate of accounts receivable of this case") written on the same day as the certificate of payment in this case.

In addition, E's statement that the price for the goods to be paid to the Plaintiff is KRW 17,00,000.

Meanwhile, in the name of E, F, who runs the assembly-type panel wholesale and retail business, supplied D a panel used in the instant construction to D.

E. However, D left the site of the instant construction because it was impossible for the Plaintiff to complete the external finishing construction, etc. of the instant building, and thereafter, D entered into the instant construction project on December 11, 2017, by concluding a contract for the instant external finishing construction to another construction business operator who is not D, and entered into the instant construction project by the said other construction business operator.

F. F. On August 31, 2017, between the Defendant and the Defendant, F will receive from the Plaintiff.

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