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(영문) 광주지방법원 2014.07.15 2014가단2742
채무부존재확인
Text

1. A contract for extension works entered into on May 3, 2013 between the two parties and the Defendant, under the B Act;

Reasons

1. Basic facts

A. On May 3, 2013, the Defendant entered into a contract under which the Defendant entered into a contract for the instant construction work (hereinafter “instant construction work”) with Cheongdae Comprehensive Construction Co., Ltd. (hereinafter “Cheongdae Construction”) for the construction cost of KRW 270,650,000 and the construction period of KRW 81,195,000 (hereinafter “instant advance payment”) from May 8, 2013 to October 4, 2013 (hereinafter “instant contract”). The Defendant paid KRW 81,195,000 (hereinafter “instant advance payment”).

B. On May 10, 2013, Cheongdae Construction concluded an advance payment performance guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) to guarantee the repayment obligation of the above advance payment that was paid under the instant contract, and submitted to the Defendant an advance payment performance guarantee insurance policy issued by the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) after entering into an advance payment performance guarantee insurance contract with the purchase amount of the said advance payment to be returned to the Defendant due to the failure to perform the instant contract.

On the other hand, at the time of concluding the above advance payment performance guarantee insurance contract, the Plaintiff jointly and severally guaranteed the liability for reimbursement to the Seoul Guarantee Insurance if the Seoul Guarantee Insurance pays the advance payment to the Defendant in accordance with the above advance payment performance guarantee insurance contract.

C. After entering into the instant contract, the construction did not immediately commence the instant construction, and even after receiving the Defendant’s demand for construction, the construction did not perform the construction work according to the construction schedule (which was less than 10% as of July 17, 2013). As such, the advance payment received was not used for personnel expenses and material expenses, etc., and thus, the employees at the construction site at the construction site did not claim for personnel expenses, such as molds and steel bars, to the Defendant, the contractor.

The defendant's name construction in this case.

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