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(영문) 서울동부지방법원 2017.05.31 2013가합17542
채무부존재확인
Text

1. The rehabilitation obligation related to each subcontract as shown in the attached Form 1 against the Defendant (Counterclaim Defendant) of the Plaintiff (Counterclaim Defendant) is an obligation.

Reasons

1. Basic facts

A. The Plaintiff, the Defendant, and the F Co., Ltd. (1) concluded a subcontract with the Defendant on 12 construction sites listed in the separate sheet No. 1 attached hereto among the construction works supplied by the ordering person from 2010 to 2013 (hereinafter referred to as “the construction site name”) (hereinafter referred to as “the individual construction works”) when specifying the individual construction works.

(2) Meanwhile, on June 25, 2008, the Plaintiff subcontracted to F Co., Ltd. (hereinafter “F”) the contract amount of KRW 4,384,600,000 among the “G Corporation” (hereinafter “G Corporation”) that was contracted by the project owner from the Gangwon-do Development Corporation, which was contracted by the project owner, and F re-subcontracted G construction to the Defendant around that time.

B. On November 28, 2012, the Defendant: (a) filed a civil petition with the Plaintiff stating that “I” and “G” were excluded from the 12 construction sites listed in [Attachment 11] List; and (b) “G” were included in the site of “G” among the 12 construction sites listed in [Attachment 11] List; and (c) in the process of treating the said civil petition, the Defendant and F drafted a written agreement with the Defendant and F around December 27, 2012 following the meeting:

(hereinafter referred to as the “instant agreement”) . Gohap agrees with the Plaintiff on the construction cost and the remaining performance of the construction work in connection with the refrigeration pipes, multi-air-conditioning and household ventilation works ( November 28, 2012), and pledges that the construction contract terms, etc. under the terms and conditions of the said contract shall be faithfully fulfilled.

The amount of progress reserve of 2.9 H site additional/amended construction amount of 2.07.1 on-site and the amount of progress reserve of 2.9 on-site additional/amended construction amount of 14.04.04 on-site, 5.6 G 1.0.0 of the cost of actual input at H site reserve of 5.6 G 1.00,000 per annual unit cost of 0.0.5 unit price of 2.0.05 unit price per site change of contract design at-site, 03.5.55.0,000,000 shall be F's total of 3.0.0 25.0 construction cost (unit: KRW 00,000 and value added tax) per site (including item 1) per month demand.

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